Evidence Flashcards
(62 cards)
Relevance
2 part definition
Any tendency to make a fact of consequence more/less probable
(1) Materiality - must be “of consequence”
(2) Probativeness - shift the probability to any degree
Rule 403
4 considerations
Court can exclude relevant evidence if prob value is substantially outweighed by one of more of following:
Unfair prejudice (emotional), confusion of the issues, misleading the jury (undue weight to evidence); efficiency (undue delay, waste of time, cumulative)
When is plaintiff’s accident history admissible?
If cause of plaintiff’s damage is at issue
When are similar accidents caused by same event or condition admissible (AND under substantially similar circumstances)/tests/experiments admissible?
(3 purposes)
For 3 purposes:
(1) Existence of dangerous condition
(2) Causation
(3) Prior notice to defendant (if other accident occurred BEFORE plaintiff’s)
Evidence that involves some other time, event or person other than that involved in the case, is generally:
What are some of the exceptions?
Irrelevant/Inadmissible
Plaintiff’s accident history, similar accidents caused by same event/condition, intent in issue, comparable sales, habit, industrial custom as standard of care
Can a person’s prior conduct provide inference of INTENT on later occasion?
Yes
What evidence can be used as to the VALUE OF PROPERTY at issue?
(3)
Selling price of other property of:
- Similar type
- In same general location
- Close in time to period at issue
When is something HABIT (routine of a business org) & why is it admissible?
Depends on the:
- Frequency
- Particularity
As circumstantial evidence to show how a person/business acted on an occasion at issue in the litigation.
Key words: always, invariably, automatically, instinctively
Is CHARACTER EVIDENCE (rep or opinion) admissible to prove conduct on a particular occasion?
No
What can be used to show that a person SHOULD have acted in a particular way?
Industrial custom - evidence as to how others in the same trade/industry have acted in the recent past may be admitted as some evidence as to how a party in the instant litigation should have acted
Public Policy Exclusions of Relevant Evidence
5
(1) Liability insurance
(2) Subsequent remedial measures (Defect notice not admissible)
(3) Settlements in civil cases (ONLY counts when there is a disputed claim as to validity OR amount of damages; also includes statements of fact)
(4) Plea discussion in criminal case
(5) Offer to pay medical/hospital expenses
When can you use liability insurance as evidence?
2
(1) DISPUTED Proof of ownership/control
2) Impeachment (bias
When can you use subsequent remedial measures as evidence?
2
(1) DISPUTED Proof of ownership
(2) DISPUTED Feasibility of safer conditions
When can you use settlements in civil cases as evidence?
1
Impeach ONLY on grounds of bias (not on grounds of prior inconsistent statement/contradiction)
Can plea of guilty NOT withdrawn be used in subsequent litigation? if so, when & why?
Yes
- When the litigation is BASED ON THE SAME FACTS
- B/c of the rule of PARTY ADMISSIONS
(1) What in the offer to pay medical/hospital expenses IS admissible?
(2) Does the claim have to be disputed for this exclusion to apply?
(1) Statements of fact made during the convos (ex. (1) Don’t worry, I will pay your bills. (2)Sorry I ran the red-light - (1) not admissible but (2) is admissible).
(2) NO
(1) When is evidence of defendant’s character in a criminal case provided by the prosecution admissible?
(2) What kind of character evidence can the defense provide?
(1) When the defense introduces evidence of relevant character trait (defendant saying he did not commit a crime is not enough to open the door)
(2) Reputation OR Opinion
How can the pros attack a defendant’s character on rebuttal in a criminal case?
(1) Cross-examining defendant’s character witnesses about specific acts of def (have you heard? did you know?) and pros must have good faith basis of believing the acts happened
* but if the person denies the specific acts, CANNOT produce extrinsic evidence to prove
(2) Calling own witness to testify about def’s reputation or opinion
What happens when defense claims self-defense in a CRIMINAL CASE & introduces REP or OPINION evidence of victim’s “violent” character?
Pros can rebutt with OPINION or REP testimony about:
- Victim’s “peacefulness” character
- Defendant’s “violent” character
*NO specific acts EXCEPT “prior specific acts of violence” can be used if the defendant was aware of them at the time of the alleged self-defense so this is used to prove the defendant’s state of mind
What can character evidence generally NOT be used for?
To prove conduct in conformity in criminal & civil cases
(1) The prosecution or defense in a CIVIL CASE can provide reputation of good character only in 3 circumstances:
(2) What kind of evidence can be used?
(1) negligent hiring or entrustment (2) defamation (libel or slander) (3) child custody
* self-defense is NOT an exception to this rule
(2) reputation, opinion & specific conduct
When CAN & CAN’T a defendant’s other crimes or acts being admitted in a criminal/civil case?
(1) CANNOT to suggest that b/c of defendant’s bad character that he is more likely to have committed the crime currently charged of
(2) CAN for MIMIC:
M:otive Intent M:istake/accident (absence of) I:dentity C:ommon scheme or plan
- Defendant need not introduce favorable character evidence first BUT the MIMIC issue must be in dispute
(1) How can admissible other crimes or acts of the defendant be proved? (2)
(2) What is the standard of relevance needed to admit this evidence?
(3) Does prosecution need to provide notice?
(1) (1) By conviction (2) By other evidence (witnesses etc.) that proves that the crime/act happened
(2) Conditional Relevancy Standard (sufficient evidence from which reasonable juror could conclude that defendant committed the other crime)
(3) In criminal cases but not in civil cases
When are specific, prior other acts of sexual misconduct to show propensity in criminal or civil sex-crime case admissible?
Does NOT need a MIMIC reason - admissible in a criminal or civil case on behalf of plaintiff for any relevant purposes, including propensity for sex crimes
