400 Rules Flashcards
(21 cards)
401: Test for Relevant Evidence
Evidence is relevant if:
(a) it has any tendency to make a fact more or less probable than it would be without the evidence, AND
(b) if the fact is of consequence in determining the action
402: General Admissibility of Relevant Evidence
Relevant evidence is admissible unless any of the following provides otherwise:
- U.S. Constitution
- A federal statute
- These rules, OR
- Other rules prescribed by the Supreme Court
Irrelevant evidence is not admissible
FRE 403: Excluding Relevant Evidence
Relevant evidence may be excluded if its probative value is substantially outweighed by one or more of the following:
- undue prejudice
- confusing the issues
- misleading the jury
- undue delay
- wasting time
- needlessly presenting cumulative evidence
Relevancy Analysis
Start with 401 and end with 403.
- What is the (disputed) evidence?
(CA requires the evidence to be disputed but
FRE does not) - What is it offered to prove?
- Does it tend to prove it and how?
404(a)(1): Character Evidence - Prohibited Uses
Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character trait.
404(a)(2): Character Evidence - Exceptions for a Defendant or Victim in a Criminal Case
(A) Character of a Defendant
- a D may offer evidence of the D’s pertinent trait, and if the evidence is admitted, then the prosecution may offer evidence to rebut it
(B) Character of a Victim
- subject to the limitations in Rule 412 (Rape Shield Law), a D may offer evidence of the alleged victim’s pertinent trait, and if evidence is admitted, the prosecutor may:
(i) offer evidence to rebut it; and
(ii) offer evidence of D’s same trait; AND
(C) Character of Victim in Homicide
in a homicide case, the prosecutor may offer evidence of the alleged victim’s trait of peacefulness to rebut evidence that the victim was the first aggressor
404(a)(3): Character Evidence - Exceptions for a Witness
Evidence of a witness’s character may be admitted under Rules 607, 608, and 609.
404(b)(1): Other Crimes, Wrongs, or Acts - Prohibited Uses
Evidence of any other crime, wrong, or act is not admissible to prove a person’s character to show that on a particular occasion, the person acted in accordance with the character.
404(b)(2): Other Crimes, Wrongs, or Acts - Permitted Uses
The evidence may be admissible for another purpose, such as:
- opportunity
- knowledge
- plan (to prove existence of a larger plan; CEC requires evidence of specific plan)
- intent
- motive
- preparation
- identity (including MO or signature acts)
- and absence of mistake or lack of accident.
405(a): Methods of Proving Character - By Reputation or Opinion
When evidence of a person’s character or character trait is admissible, it may be proved by testimony about the person’s reputation or by testimony in the form of an opinion. On cross-examination of a character witness, the court may allow specific instances of conduct.
Opinion - Must show that the witness knows the person well enough
Reputation - Must show that the witness has a basis for knowing the person’s reputation.
405(b): Methods of Proving Character - Specific Instances of Conduct
Allowed in very limited circumstances.
When a person’s character or character trait is an essential element of the claim or defense (ex: Defamation), then the character or character trait may be proved by specific instances of the person’s conduct.
406: Habit; Routine Practice
Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion, the person or the organization acted in accordance with the habit or routine practice.
Evidence may be admitted regardless of whether it was corroborated or whether there was an eyewitness.
407: Subsequent Remedial Measures
When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent remedial measures is not admissible to prove:
- Negligence
- Culpable Conduct
- A defect in a product or its design, or
- A need for a warning or instruction
But, the court may admit this evidence for another purpose, such as impeachment or - if disputed- proving ownership, control, or the feasibility of precautionary measures.
- But may still be excluded on 403 grounds, because it may be misused by the jury.
Public policy reasons: if such evidence is admissible, it would discourage people from eliminating dangers to others on their property.
408(a): Compromises Offers and Negotiations - Prohibited Uses
Evidence of the following is not admissible - on behalf of any party - either to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction:
(1) furnishing, promising, or offering - or accepting, promising to accept, or offering to accept - a valuable consideration in compromising or attempting to compromise the claim; and
(2) conduct or statement made during compromise negotiations about the claim - except when offered in a criminal case and when the negotiations related to a claim by a public office in the exercise of its regulatory, investigative, or enforcement authority.
408(b): Compromise Offers and Negotiations - Exceptions
The court may admit the evidence for another purpose, such as proving a witness’s bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.
409: Offers to Pay Medical and Similar Expenses
Evidence of furnishing, promising to pay or offering to pay medical, hospital, or similar expenses resulting from an injury is not admissible to prove liability for the injury.
410(a): Pleas, Plea Discussions, and Related Statements - Prohibited Uses
In a civil or criminal case, evidence of the following is not admissible against the defendant who made the plea or participated in the plea discussions:
(1) a guilty plea that was later withdrawn;
(2) a nolo contendre plea (a plea of no contest);
(3) a statement about either of those pleas made during a proceeding under Federal Rule of Criminal Procedure 11 or a comparable state procedure; or
(4) ) a statement made during plea discussions with an attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.
410(b): Exceptions
The court may admit a statement described in Rule 410(a)(3) or (4):
(1) in any proceeding in which another statement made during the same plea or plea discussions has been introduced, if in fairness both statements ought to be considered together; or
(2) in a criminal proceeding for perjury or false statement, if the defendant made the statement under oath, on the record, and in the presence of counsel
411: Liability Insurance
Evidence that a person was or was not insured against liability is not admissible to prove whether the person acted negligently or otherwise wrongfully. But the court may admit this evidence for another purpose, such as proving a witness’s bias or prejudice or proving agency, ownership, or control.
412(a): Sex Offense Cases - Prohibited Uses
The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct:
1. Evidence offered to prove that a victim engaged in other sexual behavior; OR
2. Evidence offered to prove a victim’s sexual disposition
412(b): Exceptions
Criminal Cases:
(A) evidence of specific instances of a victim’s sexual behavior, if offered to prove that someone other than the defendant was the source of semen, injury, or other physical evidence;
(B) evidence of specific instances of a victim’s sexual behavior with respect to the person accused of the sexual misconduct, if offered by the defendant to prove consent or if offered by the prosecutor; and
(C) evidence whose exclusion would violate the defendant’s constitutional rights.
Civil Cases
- In a civil case, the court may admit evidence offered to prove a victim’s sexual behavior or sexual predisposition IF its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party.
- The court may admit evidence of a victim’s reputation only if the victim has placed it in controversy.
