Relevance Flashcards
(12 cards)
Evidence is relevant if
1) material - proposition must be “of consequence” in the case AND
2) probative - has “any” tendency to make the proposition more or less likely
general rule of admissibility
Irrelevant evidence is always inadmissible
relevant evidence is admissible, unless
1) specific exclusionary rule keeps it out OR
2) rule 403 discretion
Rule 403
A trial judge has broad discretion to exclude relevant evidence if its probative value is substantially outweighed by the danger of one or more of the following considerations:
1) Danger of unfair prejudice
2) Confusion of the issues
3) Misleading the jury
4) Undue delay
5) Waste of time
6) Needless presentation of cumulative (repetitive) evidence
if evidence involves some time, event, or person other than that involved in the present case, it is (inadmissible/admissible) (9 exceptions)
inadmissible. Unless:
1) Prior false claims to prove present claim is likely false
2) same bodily injury to prove P’s condition is attributable to the prior injury
3) prior accidents/injuries caused by the same event or condition occurring under substantially similar circumstances to prove: (a) existence of a dangerous condition, (b) dangerous condition was the cause of the present injury, and (c) defendant had notice of the dangerous condition
4) absence of complaints to show D’s lack of knowledge of the danger.
5) sales of similar property around the same time period to prove the property’s value.
6) rebutting claim of impossibility
7) Complicated issues of causation
8) habit to prove person acted in accordance on occasion at issue
9) industry custom as evidence of standard of care
habit is
regular response to specific set of circumstances
Evidence of a party’s insurance against liability (or lack thereof) is (admissible/inadmissible)
NOT admissible to prove party’s fault/absence of fault).
MAY be admissible for other relevant purposes, such as:
- To prove ownership or control, if disputed;
- To impeach a witness (usually to show their bias); or
- As part of an admission of liability, where the reference to insurance coverage cannot be severed without lessening its probative value as an admission of liability (for example, “Don’t worry, my insurance will pay it off”)
Evidence of repairs or other precautionary measures made following an injury is (admissible/inadmissible)
NOT admissible to prove negligence, culpable conduct, a defect.
MAY be admissible for some other relevant purpose, such as:
- To prove ownership or control, if disputed;
- To rebut a claim that a precaution was not feasible; or
- To prove that the opposing party has destroyed evidence
Evidence of a compromise (settlement) or an offer to compromise a civil claim is (admissible/inadmissible):
NOT admissible in any case to: (1) prove validity or amount of a disputed claim, or (2) impeach a witness by prior inconsistent statement/contradiction.
MAY be admissible to impeach a witness on the ground of bias
The public policy exclusion for settlements and negotiations only kicks in if
there was a claim or some indication that a party was going to make a claim
claim must have been in dispute as to either (1) liability or (2) amount.
limited exception to public policy exclusion for settlements and negotiations
in criminal case, conduct/statements during compromise negotiations regarding a civil dispute with a governmental regulatory, investigative, or enforcement authority are not excluded when offered in a criminal case
plea discussions - following are generally INADMISSIBLE in any criminal or civil case against the D who made the plea or participated in the discussions:
- Offers to plead guilty;
- Withdrawn guilty pleas;
- Actual pleas of nolo contendere (“no contest”); or
- Statements of fact made during any of the above plea discussions
*actual guilty plea (not withdrawn) is generally admissible in related litigation as a statement of an opposing party
Evidence that a party has paid or offered to pay an injured person’s medical, hospital, or similar expenses is (admissible/inadmissible)
Inadmissible to prove liability for the injury.
BUT, unlike settlement negotiations, admissions of fact accompanying such payments and offers are admissible.
