Relevancy

Question 1

Evidence is relevant if

Answer 1

1) it has any tendency to make a fact more or less probable than it would be without the ev
AND
2) the fact is of consequence in determining the action.

Question 2

R401: ev is logically relevant if

Answer 2

it has some logical tendency t prove or disprove a fact of consequence. (probative value)
low standard

Question 3

R403: ev is legally relevant if

Answer 3

it is actually helpful in deciding the case

Question 4

direct ev is ev that, if believed,

Answer 4

proves a fact or a set of facts without the need to draw another inference

Question 5

ev is circumstantial when

Answer 5

in order to prove one set of facts, an inference must be drawn from another set of facts

Question 6

Relevant ev is admissible unless

Answer 6

cons, fed stat, FRE, other rules says it’s not admissible .

irrelevant ev is not admissible

Question 7

relevant eve may be excluded for

Answer 7

unfair prejudice
confusing the issues
misleading the jr
undue delay
wasting time
needlessly presenting cumulative ev

Question 8

Rule 403 language to exclude ev:

Answer 8

relevance is substantially outweighed by a danger of ___

Question 9

Character ev gen rule

Answer 9

ev of a person’s ch trait is inadmissible to prove that on a particular occasion he acted in accordance w that character or trait.

Question 10

Ch ev: how can it come in in a crim case

Answer 10

def puts on ch ev that’s inconsistent w the cr
pros may rebut
OR
it’s a an essential el of a COA, claim or def

Question 11

when ch ev is allowed, it can be in the form of

Answer 11

reputation
opinion
spec acts

Question 12

pros can always circ ev of other crimes, wrongs or acts for narrow purpose of proving

Answer 12

MIMIC
motive
intent
absence of mistake
ID 
common plan or scheme

Question 13

when can spec instances be used to prove character?

Answer 13

• as subs ev if character is at issue during the case

- on cross, to impeach, if ch is not at issue during the case

Question 14

habit def, what it’s admissible for

Answer 14

regular resp to a given situation that is done without a high degree of forethought

admissible to show that on a particular occasion the person or org acted in accordance w that habit or routine practice

Question 15

subsequent remedial measures are admissible for

Answer 15

impeachment
to prove:
ownership
control feasibility of precautionary measures

Question 16

ev of an offer to settle a claim, and any statements or conduct accompanying the offer, is not admissible…

Answer 16

to prove validity or amount of disputed claim
OR
for impeachment

Question 17

an offer to settle is made at the same time as an admission or otherwise relevant ev. Can the other ev be severd and admitted?

Answer 17

nope

Question 18

ev of offering or promising to pay med bills resulting from an injury are not admissible…

Answer 18

to prove liability for the injury

Question 19

an offer to pay medical expenses is made at the same time as an admission or otherwise relevant ev. Can the other ev be severd and admitted?

Answer 19

yes

Question 20

G plea that was later withdrawn
plea of nolo
statement made during a proceeding on either of above
or
any statement made during plea discussions that didn’t end up with a completed G plea

admissible?

Answer 20

not against D who made the plea or participated in the plea discussions
BUT
statement made to pros atty in plea discussions that didn’t end up as a plea can be used:
-where part of the discussion has been introduced, if they should be considered together
-proceeding for perjury or false statement, if it was made under oath on the record w counsel present

Question 21

ev that a person was or was not insured against liability is admissible to show– ; not admissible to show –

Answer 21

is admissible to show bias, prejudice, ownership, etc

anything except to show pers acted neg, recklessly, etc

Question 22

rape shield laws in crim cases: what’s not allowed, what is allowed

Answer 22

can’t offer: allged sexual misconduct, reputation or opinion ev to show
-V engaged in other sexual beh
or
-a V’s sexual predisposition

EXCEPTIONS

• ev of spec instances, if offered to prove someone other than D was source of phys ev/ injury
• ev of spec instances with respect to D, if offered by D to prove consent, or for any reason if offered by pros
• Any ev whose exclusion would violate D’s cons rts

Question 23

rape sheld laws in civil cases: what’s not allowed, what is allowed

Answer 23

not allowed reputation or op ev to prove
-that V engaged in other sexual beh
or
-a vic's sexual predisposition
UNLESS 
-probative value outweighs harm to V and unfair prejudice to any other party
-high standard

Question 24

rape shield in civil cases: when is reputation ev admissible

Answer 24

only when V has placed it in controversey

Question 25

crim cases of sex assault or child molestation: ev that D committed any other sex assault/ ch molestation is/ isnt admissible?

Answer 25

is admissible; may be considered on any matter to which it is relevant

Question 26

civil sex assault and child molestation cases: ev of other sex assaults or child molestations is/ isn’t admissible?

Answer 26

is admissible ; may be considered on any matter to which it is relevant