Evidence

Front 1

401 Relevancy

Back 1

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.

Front 2

What two things make up relevency?

Back 2

1. Materiality

2. Probativeness

Front 3

What is materiality?

Back 3

related to whether the evidence is offered upon a matter properly in issue, i.e. whether it is directed toward a fact within controversy.

Front 4

Materiality - what issues are always deemed material?

Back 4

bias, credibility of witness, etc.

Front 5

What is probative value?

Back 5

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.

Front 6

Rule 402 -

Back 6

All relevant evidence is admitted unless excluded by some other rule.

Front 7

If a piece of evidence is admissible for one purpose but not admissible for another is it excluded?

Back 7

No, under Rule 105 the evidence would be admitted under a limiting instruction.

Front 8

What is the judge's discretion under rule 403?

Back 8

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.

Front 9

Does unfair surprise count under 403?

Back 9

In some state codes. But NOT under FRE.

Front 10

What the standard of review for a trial judge's rulings?

Back 10

Abuse of discretion - her power is very broad and rarely reversed.

Front 11

Examples of item that may have an unfair prejudice that would substantially outweigh the probative value.

Back 11

Gruesome photos (even though relevant to cause of death...may be too much for jury)

Front 12

Subsequent accidence

Back 12

Never used for knowlege or causation.

But, have been used to show dangerous condition at the time in issue.

Front 13

403 and prior accident evidence

Back 13

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!!

Front 14

Contracts

Back 14

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.

Front 15

Character evidence def -

Back 15

Evidence of a general human trait, such as honesty, violence, cowardice, or carefulness. "Propensity evidence"

Front 16

Character evidence - purpose it is offered

Back 16

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.

Front 17

Policy for excluding character evidence.

Back 17

We dont want the jury to punish "bad" people.

The prejudice may influence the jury's decision.

Front 18

Evidence falling outside general CHARACTER evidence rule: 404(b)

Back 18

Knowledge
Intent
Plan
Preparation
Opportunity
Motive
Identity
Absence of mistake or accident

Front 19

406

Back 19

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.