Relevancy

Question 1

What is relevant evidence?

Answer 1

Evidence that tends to make the existence of any fact more or less probable than it would be without the evidence. Relevant evidence must be:

1. Logically relevant

And

2. Legally relevant

Question 2

What is logical relevance?

Answer 2

A tendency to prove or disprove a fact of consequence.

Question 3

What is legal relevance?

Answer 3

Evidence that is helpful in deciding the case.

Question 4

When may relevant evidence be excluded?

Answer 4

If the probative value is substantially outweighed by the following prejudicial effects:

1. The evidence invites the jury to make a decision on an improper ground
2. The evidence confuses the issues
3. It misleads the jury
4. Causes undue delay
5. Wastes time

Or

6. Is the needless presentation of cumulative evidence.

Question 5

What is circumstantial evidence?

Answer 5

Facts that logically establish other facts.

Question 6

What is demonstrative evidence?

Answer 6

Evidence prepared in anticipation of trial to assist the jury or fact finder.

Question 7

What is character evidence?

Answer 7

Evidence of a general propensity or disposition for:

1. Honesty
2. Peacefulness
3. Violence

Question 8

When can character evidence be used to establish an essential element of the case?

Answer 8

Only in civil cases.

Question 9

When is character evidence admissible to prove a ∆’s conformity with character in civil cases?

Answer 9

When it is an essential element of a claim or defense.

Question 10

What are the three forms of character evidence?

Answer 10

1. Reputation
2. Opinion

And

3. Specific acts

Question 11

What must be proven for a witness to offer character evidence?

Answer 11

The witness must establish he is aware of the reputation of the party in the relevant community.

Question 12

If character evidence is based on opinion, what must a witness establish?

Answer 12

That he has sufficient knowledge to form an opinion about the particular trait.

Question 13

When character is an essential element of the trait, what type of character evidence is admissible?

Answer 13

Specific instances of that person’s conduct may be offered as evidence.

Question 14

List the civil causes of action where character is an issue and all forms of character evidence are admissible?

Answer 14

1. Defamation
2. Child custody
3. Negligent entrustment
4. Negligent Hiring

Question 15

Who can initially introduce evidence of a ∆’s character in a criminal case?

Answer 15

Only the defense can open the door.

Question 16

In a criminal case, what are the limits on the use of character evidence?

Answer 16

The pertinent trait of what the ∆ is on trial for.

If a crime of violence, then peacefulness is the pertinent trait.

If a fraud case, honesty is the pertinent trait.

Types: Reputation or character evidence can be used.

Question 17

What can π do once a ∆ opens the door to character in a criminal case?

Answer 17

The prosecution can rebut with

1. Reputation evidence
2. Opinion Evidence for their truth.

Or

3. For the limited purpose of impeaching witness: Specific acts

Question 18

When does character evidence not open the door to the prosecution?

Answer 18

When the evidence is of a trait that is not the pertinent trait of the crime charged.

Question 19

When may testimony in a criminal case about about the pertinent trait or character of a victim be introduced?

Answer 19

A defendant may offer evidence of a victim’s violent character as circumstantial evidence that the victim was the first aggressor. Character evidence can be used to show they acted in self defense.

Question 20

If ∆ opens door about a victim’s character in a criminal case, what can a π do in response?

Answer 20

The prosecution may rebut with:

1. Good character of the victim (reputation or opinion)

Or

2. Evidence of the bad character of the ∆ (reputation or opinion).

Question 21

If a defendant, on trial for assault and battery, offers evidence of victim’s character for violence. The prosecution may rebut with evidence of?

Answer 21

Reputation evidence of: π’s non violent reputation

Or

Evidence of: ∆’s violence character.

Question 22

If defendant offers evidence that the victim was the initial aggressor what may the prosecution do?

Answer 22

∏ may offer evidence of the victim’s good character for peacefulness.

∏ can only rehabilitate victim’s character of peacefulness because the evidence used was not character evidence it was related to the specific facts at issue.

Question 23

What is the mimic rule?

Answer 23

When evidence of other crimes may be admissible:

1. Intent
2. Absence of Mistake
3. Identity
4. Common Plan

Or

5. Scheme

Question 24

Evidence of the habit of a person, or routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove?

Answer 24

Conduct in conformity with the habit

Question 25

What **forms** of **habit** evidence are **admissible**?

Answer 25

1. Opinion Or 2. Specific acts

Question 26

What **words** in a question **demonstrate** a **habit**?

Answer 26

Words that do not leave room for deviation from the action: 1. Always 2. Habitually 3. Automatically 4. Instinctively 5. Without fail 6. Regularly

Question 27

What **words** in a question **do not demonstrate** a **habit**?

Answer 27

1. Usually 2. Often 3. Frequently

Question 28

Is **negative** **habit** evidence **admissible**?

Answer 28

Yes

Question 29

Can a **∆ testify** about his **own habit**?

Answer 29

Yes

Question 30

What type of **evidence** is **barred** due to **public policy**?

Answer 30

Evidence of a subsequent remedial measures

Question 31

What is **evidence** of **subsequent remedial measures** **barred** from proving?

Answer 31

1. Negligence 2. Culpable content 3. Need of a warning

Question 32

When is **evidence** of subsequent **remedial measures admissible**?

Answer 32

To demonstrate: 1. Ownership 2. Control 3. Feasibility of a precaution 4. Impeachment

Question 33

When is **evidence** of an **offer** to **settle** a claim is **barred**?

Answer 33

When a claim is: **disputed** as to **validity or amount**. Evidence of an offer to compromise may NOT be used as a prior inconsistent statement for impeachment purposes.

Question 34

Evidence of an **offer** to **settle** a claim is **admissible** when?

Answer 34

To show 1. Bias 2. Prejudice to negate an accusation of undue delay.

Question 35

What is the **key** to evaluating the **admissibility** of offers to compromise and **offers to settle**?

Answer 35

There must be a dispute to bar the offer to settle. If no facts are in dispute, then it is admissible.

Question 36

When is **evidence** of offering to **pay medical bills** admissible? Inadmissible?

Answer 36

An offer to pay medical expenses is inadmissible to prove liability; however, any words outside of the offer to pay medical expenses are admissible.

Question 37

Are pleas or statements made during **plea negotiations** by a defendant to a prosecutor **admissible**?

Answer 37

Statements are inadmissible versus the ∆ in the following circumstances: 1. Guilty pleas later withdrawn 2. Pleas of nolo contendere (no contest) And 3. Offers to plead guilty. ≠ statements made to police.

Question 38

When is **evidence** that a person was or was not **insured** **inadmissible**?

Answer 38

It is inadmissible to prove negligence or fault.

Question 39

When may **evidence** of **insurance** be **admissible**?

Answer 39

To prove: 1. Agency 2. Ownership or control 3. Bias or prejudice of a witness

Question 40

When are the **limits** of **insurance coverage** are admissible?

Answer 40

Never

Question 41

What is the **rape shield law**?

Answer 41

A broad rule of exclusion. In any civil or criminal proceeding involving alleged sexual misconduct, evidence offered to show the victim's sexual behavior/predisposition or sexual history is excluded.

Question 42

Define **sexual behavior** pursuant to the rape shield law?

Answer 42

Sexual behavior includes actual sexual physical conduct as well as the use of contraceptives, fantasies, and any activities that imply sexual activity. Predisposition includes how a person dresses, lifestyle choices, and speech. Predisposition evidence is inadmissible.

Question 43

In a **criminal** case, when is evidence of **specific sexual acts admissible**?

Answer 43

To prove: 1. Consent of past sexual conduct between ∆ and the victim Or 2. The source of semen: show that another man was the source.

Question 44

What are the **procedural requirements** to introduce evidence of **sexual acts**?

Answer 44

1. Notice is given to the opposing party 2. The evidence is reviewed in-camera by the judge 3. The evidence alleges sexual misconduct.

Question 45

**Who** does the **rape shield law protect** in a case?

Answer 45

This rule protects not only the alleged victim in a particular case but also any witness who is an alleged victim of sexual misconduct.

Question 46

In a **criminal** case in which the defendant is accused of **child molestation** or sexual assault, what **evidence** is **admissible**?

Answer 46

Specific acts by the defendant are admissible and may bear on any relevant matter.

Question 47

In a **civil** case in which a claim for damages or other relief is predicated on a party's alleged commission of sexual assault or **child molestation**, what **evidence** is **admissible**?

Answer 47

Specific acts by the defendant are admissible and may bear on any relevant matter.

Question 48

For **specific acts** of **sexual misconduct** to **minors** to be **admissible**, what must be **proven** about the specific acts?

Answer 48

The evidence supporting the specific acts must meet the preponderance of the evidence standard.

Question 49

What **analysis** is **all evidence** subject to?

Answer 49

403 Balancing: If the probative value is substantially outweighed by prejudicial effects.

Question 50

**Why** is **settlement evidence** and offers to pay **medical bills barred**?

Answer 50

Admitting the evidence is against public policy

Question 51

What can **habit evidence** be used to **prove**?

Answer 51

That a person or a business acted in conformity with habit or routine business practice.