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26 Cards in this Set

  • Front
  • Back

What is logical Relevance?
Evidence that has any tendency to make a material fact more probable or less probable then it would be without the evidence

When MAY relevance not be logically relevant?
if the evidence involves some other

1. time

2. event

3. person

When may relevant evidence be excluded under FRE 403?
when its probative value is substantially outweighed by the danger of

1. Unfair prejudice
2. confusion of issues
3. misleading jury
4. undue delay
5. waste of time
6. cumalative evidence
Relevance-similar occurences

to prove cause and effect

PL eats at D restaraunt and gets sick. P can offer evidence that others who ate same type of food at same time at restaraint also got sick
Relevance: Similar Occurences

Prior Accidents or claims
Where D wants to show prior acts of P and where P wants to show other accidents involving same instrumentality

ex: P drives into bridge abutment and sues city that built and maintained bridge. D can show that P has on 4 other occasions driven into stationary objects and sued
Relevance: Similar occurences

are P's prior accidents or claims admissible?
No, but see next card for exceptions
Relevance: Similar occurences

Exceptions to the rule that prior accidents of P are not admissible
1. Common plan and scheme if prior acts were fradulent

2. Prior accidents are relevant to damage (If other accidents are similar, P can show that in the last year six other drivers drove into the same bridge abutment)
Relevance: Similar occurences

General rule involving the admissibility by P of evidence of other accidents involving the same instrumentality which occurred under the same or similar circumstances
to show notice or knowledge of municipality and show that instrumentality is defective
Relevance-Similar circumstances

Is evidence of state of mind or intent admissible

to show discriminatory intent (P offering evidence to show other qualified women denied employment)
Relevance-Similar occurences

When is rebuttal evidence used?
to rebut the defense of impossibility

(mouse in coke can)
Relevance-Similar occurences

Is evidence of comparable sales to establish value admissible?
Yes if...

1. same general description

2. Same general geographic area

3. Same time
Relevance-Similar occurences

what is habit evidence?
The habit of a person to act in a certain way is relevant to show that person acted in the same way on the occasion in question
Relevance: Similar occurences

disposition v Habit
Disposition evidence is not admissible
Relevance-Similar occurrences

Prior Act evidence v Habit
Prio act evidence (acted a certain way once or twice) is not admissible)
Relevance: Similar occurences

What is needed for Habit evidence to be admissible?
1. specificity

2. recurrence-must have occurred often enough to be habitual
Relevance: Similar Occurences

What are the key words to look for that indicate Habit evidence?
1. always
2. instinctively
3. invariably
4. automatically
Relevance: Similar occurrences

is Industrial or trade custom admissible?
Yes, but is not conclusive
Relevance: Discretionary Policy

what are the 3 areas of importance?
1. Liability insurance,

2. subsequent remedial measures, and

3. settlements
Relevance: Discretionary policy

Is Liability insurance admissible?
the general rule is that liability insurance is not admissible to show person acted negligently or to show ability to pay (nor would absence of LI)
Relevance: Discretionary Policy

When is evidence if liability insurance admissible?
1. to show ownership or control

2. impeach credibility of W by showing interest or bias
Relevance: Discretionary Policy

are Subsequent Remedial Measures admissible?
not admissible to show negligence, culpable conduct, or strict liability.

admissible to show

1. ownership and control
2. Impeachment (when D says, "no way I could have avoided this accident")
Relevance: Discretionary policy

When are Settlements not admissible?
not admissible to prove negligence, culpable conduct or amount of damage
Relevance: Discretionary Policy

what does the broad rule regarding the non-admissibility of settlements cover?
1. actual compromises
2. offers to compromise
3. offers to plead guilty in a criminal case
4. withdrawn pleas of guilty
5. pleas of nolo contendere
Relevance: Discretionary Policy

are admissions of fact, liability, or damage made in the course of an offer to compromise a claim disputed as to liability or as to amount admissible?
Relevance: Discretionary Policy

What are the limitations for the rule of exclusion to apply to Settements?
1. There must be a claim

2. The claim must be disputed as to either liability or amount
Relevance: Discretionary Policy

are offers to pay Medical Expenses admissible since it is not really a settlement offer
No, but if an admission of fact accompanies a naked offer to pay medical expenses, the admission may be admitted