Relevance Flashcards
When is Evidence Relevant?
Evidence is relevant if:
- It has any tendency to make a fact more or less probable than it would be without the evidence (i.e., probative); and
- The fact is of consequence in determining the action (i.e., material).
Sufficiency v. Relevancy
Sufficiency is the wall, Relevancy is a brick in that wall
The test of sufficiency of a party’s evidence focuses on all evidence submitted by a party and admitted by the court.
The test of relevancy says that evidence is admissible even if it is only a single brick that is part of a wall of evidence establishing a party’s position.
Direct Evidence
Direct evidence is identical to the factual proposition that it is offered to prove.
HYPO: An eyewitness who testifies that she saw the defendant kill the victim is an example of direct evidence that the defendant committed a homicide.
Do you need direct evidence in order to convict someone?
No.
There is no rule that requires the presentation of direct evidence in order to convict a defendant- A defendant can be convicted solely upon circumstantial evidence.
Circumstantial Evidence
Evidence that tends to indirectly prove a factual proposition through inference from collateral facts.
HYPO: An eyewitness who testifies that, moments before entering a room, she heard a shot, and upon entering the room saw the defendant standing over the body of the victim holding a smoking gun is circumstantial evidence that the defendant committed a homicide.
When can Relevant Evidence be Excluded?
Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
Evidence MAY be admissible even if the dangers outweigh the probative value, so long as the danger does not do so substantially.
How Do You Determine the Probative Value of Evidence?
In determining the probative value of evidence, the court should consider the availability of other evidence to establish the same fact.
Relevance Dependent on Existence of Fact
When the relevance of evidence depends upon whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist.
The court may admit the proposed evidence on the condition that the proof is introduced later.
In making its determination that sufficient evidence has been introduced, the court must examine all of the evidence and decide whether the jury could reasonably find the conditional fact by a preponderance of the evidence
The court itself is not required to find that the conditional fact exists by a preponderance of the evidence.
What Happens when a Court Erroneously Admits Evidence?
Curative admission= The court may permit the introduction of additional inadmissible evidence to rebut the previously admitted evidence when necessary to remove unfair prejudice (Note: The court has discretion here, it is not mandatory.)
Curative admissions are generally used when a motion to strike or curative jury instruction would not suffice.
If the other party fails to object to the admission of inadmissible evidence, it will be a factor in determining whether the party was unfairly prejudiced by it.
Laying a Foundation
Various types of evidence are admissible subject to the existence of a necessary predicate (i.e., a foundation)
The failure of the proponent of the evidence to establish that foundation may be challenged by an objection for lack of proper foundation.
E.g., the authentication of tangible evidence needs to be established first before it can be used
Is Character Evidence Admissible in Civil Cases?
Evidence of a person’s character is generally inadmissible to prove that the person acted in accordance with that character on a particular occasion.
HYPO: A plaintiff cannot introduce evidence that the defendant is a reckless driver to prove that the defendant drove recklessly on the day in question.
However, Evidence of past sexual assault or child molestation by a DEFENDANT is admissible when the claim for relief is based on the defendant’s sexual misconduct.
Evidence concerning the past sexual behavior of a victim/plaintiff of sexual misconduct (e.g., rape) is admissible in limited circumstances
When is Character Evidence Admissible in Civil Cases?
When character is an essential element of a claim or defense, rather than a means of proving a person’s conduct.
Character is most commonly an essential element in defamation (character of the plaintiff), negligent hiring/negligent entrustment (character of the person hired or entrusted), and child-custody cases (character of the parent or guardian).
Can the Prosecution Introduce Evidence of the Defendant’s Character in Criminal Cases?
Generally, the Prosecution is not permitted to introduce evidence of a defendant’s bad character to prove that the defendant has a propensity to commit crimes and therefore is likely to have committed the crime in question. SAME AS CIVIL CASES.
HYPO: A defendant is charged with brutally murdering his wife. The prosecution may not present evidence of the defendant’s violent nature.
HOWEVER, the defendant makes his character an issue in the case if he offers evidence of his good character. This “opens the door” for the prosecution to rebut the defendant’s claims by attacking the defendant’s character.
The defendant can also “open the door” by introducing evidence of the victim’s bad character. The prosecution can then introduce evidence ONLY about that same character trait of the Defendant (e.g., violence).
Can the Defendant Introduce Evidence of their Character in Criminal Cases?
A defendant is permitted to introduce evidence of his good character as being inconsistent with the type of crime charged. However, the defendant’s character evidence must be pertinent to the crime charged.
HYPO 1: A defendant is charged with brutally murdering his wife. The defendant may present evidence of his peaceable nature.
HYPO 2: A defendant is charged with embezzling money from her employer. The defendant may not present evidence of her peaceable nature.
NOTE: This will “open the door” for the prosecution to use the Defendant’s character to rebut the Defendant’s character evidence.
Can the Defendant Introduce Evidence of the Victim’s Character in Criminal Cases?
A criminal defendant may introduce reputation or opinion evidence of the alleged victim’s character when it is relevant to the defense asserted.
NOTE: The alleged victim of sexual misconduct in a criminal case is subject to significant limitations when it comes to evidence of their character.
HYPO: A defendant is charged with assault. The defendant may offer evidence of the alleged victim’s character trait of violence to support a claim of self-defense by showing that the alleged victim was the aggressor.
