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19 Cards in this Set

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401 Relevancy
evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
What two things make up relevency?
1. Materiality

2. Probativeness
What is materiality?
related to whether the evidence is offered upon a matter properly in issue, i.e. whether it is directed toward a fact within controversy.
Materiality - what issues are always deemed material?
bias, credibility of witness, etc.
What is probative value?
It must logically tend to prove the proposition for which it is offered.

Depends on sense, logic and experience.

Degree - must make the fact SOMEWHAT more likely than without it.
Rule 402 -
All relevant evidence is admitted unless excluded by some other rule.
If a piece of evidence is admissible for one purpose but not admissible for another is it excluded?
No, under Rule 105 the evidence would be admitted under a limiting instruction.
What is the judge's discretion under rule 403?
Where evidence's probative value is SUBSTANTIALLY OUTWEIGHED by the danger of unfair prejudice, confusion or the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence...the judge may exclude.
Does unfair surprise count under 403?
In some state codes. But NOT under FRE.
What the standard of review for a trial judge's rulings?
Abuse of discretion - her power is very broad and rarely reversed.
Examples of item that may have an unfair prejudice that would substantially outweigh the probative value.
Gruesome photos (even though relevant to cause of death...may be too much for jury)
Subsequent accidence
Never used for knowlege or causation.

But, have been used to show dangerous condition at the time in issue.
403 and prior accident evidence
the TJ must balance here.

When to show danegrousness, proponent must show high degree of similarity.

When to show notice, degree is relaxed.

NEVER ALLOWED TO USE PRIOR ACTS TO SHOW NEGLIGENCE!!
Contracts
B/t same parties - may be held admissible for interpreting terms of the present contract.

K with 3rd person hardly ever allowed to explain D K with P.
Character evidence def -
Evidence of a general human trait, such as honesty, violence, cowardice, or carefulness. "Propensity evidence"
Character evidence - purpose it is offered
Admissibility depends on the purpose for which it is offered.

Not allowed to show action in conformity with character.

Is allowed for the KIPPOMIA reasons.
Policy for excluding character evidence.
We dont want the jury to punish "bad" people.

The prejudice may influence the jury's decision.
Evidence falling outside general CHARACTER evidence rule: 404(b)
Knowledge
Intent
Plan
Preparation
Opportunity
Motive
Identity
Absence of mistake or accident
406
This is habit information.

Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.