Evidence

Question 1

Similar Occurences

Generally excluded–

Answer 1

Generally inadmissible, unless–

• Π’s prior accident may have caused this injury
• ∆’s prior accident is same instrument/similar circumstance and shows–
  
  • dangerous condition
  • causation of this accident
  • ∆ was on notice.

Question 2

Policy Based Exclusions

Generally excluded–

Answer 2

Liability Insurance

• ☓ - Not to prove fault/no fault
• ✓ - Prove ownership/control (∆ disputes)
• ✓ - Impeach witness

Subsequent Remedial Measures

• ☓ - Not to prove culpability
• ✓ - Prove ownership/control (∆ disputes)
• ✓ - Prove safer condition/feasibility (∆ disputes)

Settlements (when amount/validity is in dispute)

• ☓ - Not to prove liablity
• ☓ - Not to impeach W via prior inconsistent
• ✓ - Impeach W via bias
• ✓ - Statements to gov’t agency for later crim case.

Plea Bargains

• ☓ - Not offers to plead
• ☓ - Not w/drawls of guilty pleas
• ☓ - Not nolo contendres
• ☓ - Not statements of fact made durring
• ✓ - Guilty pleas

☓ - Offers to Pay Medical Bills

Question 3

Character Evidence - Civil Case

Answer 3

Admissible when–

• ✓ - Chacter is element in case–
  
  • Negligent hiring/entrustment
  • Defamation
  • Child custody
• ✓ - Character proves conduct in conformity
• ✓ - Bad character for truthfulness to impeach

Question 4

Character Evidence - Criminal Case

Answer 4

Of the ∆–

• ☓ - Not in case-in-chief;
• ✓ - Yes if ∆ opens the door
• ✓ - ∆’s prior sexual assault to prove propensity.

Of the Victim–

• ✓ - in self-defense case–
  
  • V’s violent character
  • Opens door for–
    
    • V’s peaceful
    • ∆’s not peaceful
• ☓ - in rape case. NOT V’s sexual propensity. Unless-
  
  • source of semen;
  • ∆ pleads consent
  • love triangle defense.

Question 5

Character Evidence - Non-character purposes

Answer 5

“MIMIC”

Motive

Intent

Mistake/accident

Identiy

Common scheme

Prove by–

• ∆’s convition; or
• evidence reasonable juror could conclude event happened.

Question 6

Writings

- Authentication

Answer 6

• W’s first-hand knowledge (saw him sign)
• Handwriting–
  
  • lay (he’s familiar)
  • expert
  • jury comparison
• Circumstantial evidence (∆ always signs on friday)
• Ancient Doc Rule
  
  • 20 years old
  • Not suspicious on face
  • Found in a normal place
• Self authenticated (certain “public” docs)
• Photographs (W testifies that photo is “fair and accurate representation”)

Question 7

Writings -

Best Evidence Doctrine

Answer 7

When–

• ✓ - proving the contents of the writing
• ☓ - W has personal knowledge and it just happens to be in a writing.

If it applies, you must–

• Produce original; or
• Produce an acceptable alternative