Relevance

Question 1

Evidence is relevant if:

Answer 1

it has ANY tendency to make a material fact more probable or less probable than would be the case without the evidence.

Question 2

All relevant evidence is admissible unless:

Answer 2

1) some specific exclusionary rule is applicable, or
2) the court makes a discretionary determination that the probative value of the evidence is substantially outweighed by one or more pragmatic considerations

Question 3

Considerations court looks to when making discretionary determination about probative value of relevant evidence

Answer 3

1) danger of unfair prejudice
2) confusion of the issues
3) misleading the jury
4) undue delay
5) waste of time
6) unduly cumulative

Question 4

Similar Occurrences

Answer 4

In general, if evidence concerns some time, event, or person other than that involved in the case at hand, the evidence is inadmissible. Concrete rules in this topic:

1) Plaintiff’s accident history
2) Similar accidents caused by same instrumentality or condition
3) Intent in issue
4) Comparable sale on issue of value
5) Habit
6) Industrial custom as standard of care

Question 5

Plaintiff’s Accident History

Answer 5

Generally, a P’s accident history is inadmissible because it shows nothing more than the fact that the plaintiff is accident prone
Exception: the event that caused P’s injuries is an issue

Question 6

Similar Accidents Caused by Same Instrumentality or Condition

Answer 6

Generally, other accidents involving defendant are inadmissible because they suggest nothing more than general character for carelessness

Question 7

Exception to Similar Accidents Rule

Answer 7

Other accidents involving the same instrumentality or condition may be admitted for three potential purposes IF the other accident occurred under substantially similar circumstances:

1) to show existence of a dangerous condition
2) causation of this accident
3) prior notice to the defendant

Question 8

Intent in Issue

Answer 8

Prior similar conduct of a person may be admissible to raise an inference of the person’s intent on a later occasion.
(Ex: pattern of employment discrimination)

Question 9

Comparable Sales on Issue of Value

Answer 9

Selling price of other property of similar type, in the same general location, and close in time to period at issue, is some evidence of value of property at issue

Question 10

Habit

Answer 10

Habit of a person is admissible as circumstantial evidence of how the person or business acted on the occasion at issue in the litigation.

Habit is a repetitive response to a particular set of circumstances. Two defining characteristics:

1) Frequency of conduct
2) Particularity of conduct

Key words: always, never, invariably, automatically, instinctively

Question 11

Character Evidence v. Habit

Answer 11

Character evidence refers to a person’s general disposition or propensity. Generally not admissible to prove conduct on a particular occasion.

Habit is a repetitive response to a particular set of circumstances and is admissible as circumstantial evidence

Question 12

Industrial Custom as Standard of Care

Answer 12

Evidence as to how others in the same trade or 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 (i.e., as evidence of the appropriate standard of care)

Question 13

Policy Based Exclusions

Answer 13

1) Liability Insurance
2) Subsequent Remedial Measures
3) Settlements of Disputed Civil Claims
4) Plea Bargaining in Criminal Cases
5) Offer to Pay Hospital or Medical Expenses

Question 14

Liability Insurance

Answer 14

Evidence that a person has or does not have liability insurance is inadmissible for the purpose of fault or absence of fault.

Exception: Evidence of insurance may be admissible for some other relevant purpose, such as proof of ownership/control of instrumentality or location, IF disputed by defendant, OR for the purpose of impeaching of a witness

Question 15

Limiting Instruction

Answer 15

Should be given to the jury whenever evidence is admissible for one purpose but not for another. Judge should tell jury to consider the evidence only for the permissible purpose

Question 16

Subsequent Remedial Measures

Answer 16

Post-accident repairs, design changes, policy changes are inadmissible for the purpose of proving negligence, culpable conduct, product defect, or need for warning.

Exception: Subsequent remedial measures may be admissible for some other relevant purpose, such as proof of ownership/control OR feasibility of safer condition IF either is disputed by defendant.

Question 17

Settlements of Disputed Civil Claims

Answer 17

In the event of a disputed civil claim, the following are inadmissible for the purpose of showing liability or impeaching a witness as to prior inconsistent statements:

1) settlement
2) offer to settle
3) statements of fact made during settlement discussion

Question 18

Exceptions to General Settlement Rules

Answer 18

1) Settlement evidence admissible for the purpose of impeaching the witness on the ground of bias
2) Statements of fact made during settlement discussion in civil litigation with a government regulatory agency are admissible in a later criminal case.

Question 19

Plea Bargaining in Criminal Cases

Answer 19

The following is inadmissible:

1) offer to plead guilty: cannot be used against the defendant in the pending case or in subsequent civil litigation based on the same facts
2) withdrawn guilty plea: cannot be used against defendant in the pending criminal case or in subsequent civil litigation based on the same facts
3) Plea of nolo contendere: cannot be used against the defendant in subsequent civil litigation based on the same facts
4) Statements of fact made during any of the above plea discussions

BUT, a plea of guilty (not withdrawn) is admissible in subsequent litigation based on the same facts under the rule of party admissions

Question 20

Offer to Pay Hospital or Medical Expenses

Answer 20

Evidence that a party has paid or offered to pay an accident victim’s hospital or medical expenses is inadmissible to prove liability.

BUT, this rule does not exclude other statements made in connection with an offer to pay hospital or medical expenses.

Question 21

Character Evidence

Answer 21

Refers to a person’s general propensity or disposition (honesty, fairness, peacefulness, violence)

Question 22

Potential Purposes for the Admissibility of Character Evidence

Answer 22

1) Person’s character is an essential element in the case (rare in civil cases and never in criminal cases)
2) Character evidence as circumstantial evidence of the person’s conduct on a particular occasion
3) Witness’s bad character for truthfulness to impeach credibility

Question 23

Character Evidence in Criminal Cases: Defendant’s Character

Answer 23

Evidence of the defendant’s character to prove defendant’s conduct on a particular occasion is inadmissible during the prosecution’s case in chief.

However, defendant, during the defense, may introduce relevant character traits (by reputation or opinion testimony of a character witness) to prove his conduct, which opens the door to rebuttal by the prosecution.

Question 24

When character evidence is admissible through a character witness to prove conduct in conformity, the proper form is:

Answer 24

1) reputation, or
2) opinion
relevant to the type of crime D is being charged

Proof of specific acts is NOT admissible

Question 25

Prosecution’s Rebuttal to Defendant’s Character Evidence

Answer 25

IF defendant has “opened the door” by calling character witnesses, the prosecution may rebut:

1) by cross-examining D’s character witnesses with questions about specific acts of the D that reflect adversely on the particular character trait that defendant has introduced in order to impeach the character witness’ knowledge about the D, AND/OR
2) by calling its own reputation or opinion witnesses to contradict defendant’s witnesses.

Question 26

Victim’s Character - Self-Defense Case

Answer 26

In addition to direct evidence that the alleged victim of an assault was the first aggressor, the criminal defendant may introduce evidence of victim’s violent character as circumstantial evidence that the victim was the first aggressor. How?

1) only in criminal cases
2) character witness may testify to victim’s reputation for violence and may give opinion
3) prosecution rebuttal: evidence of victim’s good character for peacefulness