Evidence: Relevance

Front 1

Proposition 8

Back 1

Proportion 8 is part of the California Constitution and applies to criminal cases. Under Prop. 8, all relevant evidence is admissible unless the evidence falls within an excemption.

Front 2

Logical Relevance-FRE

Back 2

Evidence is logically relevant if it tends to prove or disprove a material fact at issue.

Hint 2

Under CEC, evidence is logically relevant if it tends to prove or disprove a material fact in dispute

Front 3

Logical Relevance-CA

Back 3

Under CEC, evidence is logically relevant if it tends to prove or disprove a material fact in dispute

Front 4

Legal relevance

Back 4

Even if the evidence is relevant, the court has discretion to exclude ithe evidence if its probative value is substantially outweighed by unfair prejudice, confusion, or waste of time

Hint 4

1. Emotionally disturbing evidence.
2. Admissible for one purpose but for another purpose

Front 5

Public Policy

Back 5

Liability insurance
Subsequent remedial measures or repairs
Settlements, offers to settle and pleas
Offers to pay medical expenses

Front 6

Public Policy-Liabiity insurance

Back 6

Inadmissible to prove culpability or ability to pay
Admissible:
To prove ownership or control
To impeach
As part of an ADMISSION

Hint 6

The purpose of the policy is to encourage people to carry insurance

Front 7

Public Policy-Subsequent remedial measures or repairs

Back 7

Inadmissible to prove culpablity , or a defect in a product or its design, or a need for a warning

Hint 7

The purpose of the policy is to encourage people to make repairs

Front 8

Public Policy-Settlement offers or negotiation, withdrawn guilty pleas and offers to plead guilty

Back 8

Inadmissible even for impeachment.

Hint 8

Guilty plea itself is admissible.

Front 9

Public Policy-Requirements for Settlement offer

Back 9

Must a claim: There must be some indication, express or implied, that a party is going to make some kind of claim
Claim must be disputed as to liability or amount.

Front 10

Withdrawn guilty pleas and offers to plead guilty-waiver

Back 10

The protection for plea negotiations may be validly waived unless there is an affirmative indication that D entered the waiver agreement unknowingly or involuntarily.

Front 11

Public Policy-Offer to pay medical expenses

Back 11

Inadmissible to prove culpable conduct
Admissible for al other purposes

Front 12

Offer to pay medical expenses-Admissible

Back 12

Admission of fact accompanying offers to pay medical expenses

"I will pay your hospital bill. I shoud have droped that banana peel on the stairs."

Front 13

Logical relevance-relatedness

Back 13

Evidence must relate to time, event, or person in controversy

Front 14

Releveant similar occurences

Back 14

RIPS CHIPS
Causation
Prior false claim or same bodily injury
Similar accidents or injuries cause by same event or condition
Previous similar acts to prove intent
Rebutting claim of impossibility
Sales of similar property
Habit
Industrial or business routine
Industrial custom as evidence of standard of care

Front 15

Similar occurrences-Quality

Back 15

Whenever a similar occurence is offered to establish an inference about the subject occurence, the quality of the inference depends on the similarity between the other happening and the one in issue.

Front 16

Similar accidents or injuries caused by same event or condition

Back 16

Evidence of prior accidents or injuries is admissible to prove:
A defect or dangerous CONDITION EXISTED
D had KNOWLEDGE of the defect and dangerous condition
The defect or dangerous condition was the CAUSE of the present injury

Front 17

Sales of similar property

Back 17

Evidence of prices quoted in mere offers is not admissible because to determine the sicerity of the offers would lead to collateral disputes.

Offers by a party to the present action to buy or sell the property may be admissible as admissions.

Front 18

Absence of similar accidents

Back 18

Evidence of prior safety history and absence of complaints is admissible to show D's lack of knowledge of any danger

Front 19

Habit evidence

Back 19

Habit is one's regular response to a repeated specific situation

Hint 19

Habit: she always takes a staircase two steps at a time
Character: She's always in a hurry

Front 20

Industrial custom as evidence of standard care

Back 20

Although custom of the trade or business is admissible on the standard acre to be exercised, it is not conclusive

Front 21

Character Evidence

Back 21

General propensity or disposition

3 Questions
The purpose for which evidence of character is offered
The method to be used toprove character
Civil or criminal case

Front 22

The purpose for which the character evidence is offered?

Back 22

Direct evidence
Circumstantial Evidec
Impeachment

Front 23

Character-Direct evidence

Back 23

To prove character when character itself is ultimate issue in case

This is confined mostly to civil litigation

Front 24

Character-Circumstantial evidence

Back 24

To serve as circumstantial evidence of how a perosn probably acted

Front 25

The method to be used to prove character?

Back 25

Opinion testimony
Testimony as to person's general reputation in Community
Evidece of specific acts as demonstrating character

Front 26

Character evidence-civil cases

Back 26

Inadmissible as circumstantial evidence to prove a person's general behavior patterns

Front 27

Civil case-Charcter directly in issue

Back 27

Any types of evidence (reputation, opinion, or specific acts) may be used to prove character when character is directly in issue

e.g., Defamation action

Front 28

Character evidence-criminal cases-Accused

Back 28

D may introduce character evidence by personal opinion or reputation in community for the TRAIT involved in the case, but introducing specific acts of conduct

Front 29

Character evidence-criminal cases-Accused-Prosecution

Back 29

Prosecution cannot initiate

Prosecution may rebut via
Cross-examination by referencing to specific instances of misconduct pertinent to the trait in question

If W denies, prosecution may not prove them by extrinsic evidence (Limted to inquiry on cross-examination)

via Testimony of other witnesses by reputation or personal opinion as to the particular trait involved

Front 30

Character evidence-criminal cases-Victim

Back 30

D initiative
D may introduce reputation or opinion evidence of a bad character trait of the alleged crime victim when it is relevant to D innocence.

Prosecution rebuttal
Prosecution may counter with reputation or opinion evidence of (i) the victim's good character or (ii) the D's bad character for the same trait

Front 31

Character evidence-Rape victim

Back 31

Inadmissible generally
Exception in criminal cases
Evidence of sexual behavior by V offered to prove that a person other than the accused was the source of semen, injury, or other physical evidence is admissible
Specific instances of sexual behavior betwee V and the accused are admissible by prosecution, or by D to prove consent.
Evidence of V sexual behavior is admissible when its exclusion would violate D constitutional rights.

Front 32

Specific acts of misconduct

Back 32

Generally inadmissible

Front 33

Specific acts-admissible

Back 33

Admissible if independently relevant

MIMIC
Motive
Intent
Mistake or accident, absence of
Identity
Common plan or scheme-preparation
Others (to prove opportunity or knowledge)

Front 34

Specific acts-admissible

Back 34

Prior acts of sexual assualt or child molestation

Front 35

Hearsay

Back 35

Hearsay is an out of court statement offered for the purpose to prove the truth of the matter asserted.

Front 36

Limited Admissibility

Back 36

Admissible for one purpose or against one party, but not another

The court must, upon request, instruct the jury to retrict the evidence to its proper scope and instruct