Evidence - Relevance

Front 1

When is evidence relevant?

Back 1

Rvidence is relevant if it has ANY TENDENCY to make a material fact more or less probable than would be the case without the evidence.

Front 2

Evidence of P's prior accident history (and P's filing of similar tort claims in the past) is generally ____________

Back 2

Inadmissable (b/c shows nothing more than the fact that P is accident prone)(prob value outweighed by risk of confusion and prejudice)

Front 3

When is P's prior accidents admissable?

Back 3

When cause of P's damages or injuries is in issue.
(e.g. P made previous similar FALSE claims - relevant to prove present claim likely false)
(e.g. P's prior claim for injury to same portion of P's body - admissable to prove P's present claim exaggerated or false)

Front 4

Similar accidents (or injuries) caused by the same event or condition are generally ____________

Back 4

Other accidents involving D are inadmissible b/c they suggest nothing more than general character for carelessness.

Front 5

When are accidents caused by same event/condition admissable?

Back 5

BUT other accidents involving the same instrumentality/condition, AND occurring under substantially similar circumstances may be admitted for 3 potential purposes:
(1) show existence of a dangerous condition
(2) causation
(3) prior notice to the D

Front 6

What is the rule governing the admissability of experiments and tests?

Back 6

Substantial similarity is also the rule governing the admissibility of expirements and tests.

Front 7

Evidence that person has, or does not have, liability insurance is inadmissible to

Back 7

(1) to prove the person’s fault (or absence of fault), nor

(2) to show ability to pay

Policy: to avoid risk that jury will base decision on availability of insurance instead of merits of case.

Front 8

BUT, evidence that person has (or doesn't have) liability insurance may admissible

Back 8

for some other relevant purpose, such as:
(1) Proof of ownership/control of instrumentality OR location, IF controverted by D, OR

(2) For the purpose of impeachment of a W (e.g. show bias)

(3) As Part of Admission

Front 9

Subsequnet remedial measures (post accident repairs, design changes, policy changes) are inadmissable to prove ______________
General Rule

Back 9

Inadmissable for the purpose of proving Negligence, Culpable conduct, Product defect, Need for warning

Front 10

Ohio - special rule for certain subsequent remedial meausres?

Back 10

In OH, in products liability action based on strict liability, manufacturer’s SRMs are admissible to show the existence of a defect in the product at time of accident.

Front 11

When are subsequent remedial measures admissable?

Back 11

Such evidence may be admissible for some other relevant purpose such as:

(1) Proof of ownership/control (IF controverted by D)

(2) Feasibility of safer condition (IF controverted by D)

(3) to prove destruction of evidence

Front 12

Settlement Offers: Requirements for exclusionary rule to apply

Back 12

(1) Must be a CLAIM
(2) Claim must be disputed as to LIABILITY OR AMOUNT

Front 13

Statements of fact made in the course of settlement discussions of a disputed civil claims are generally _________

Back 13

inadmissable in all cases for all purposes (including witness impeachments - such as showing prior inconsistent statment)

Front 14

Statements of fact made in the course of settlement discussions of disputed civil claims are admissable when?

Back 14

when the disputed civil claim asserted by government agency (in exercise of its regulatory, investigatory or enforcement authority)

are admissable in a related CRIMINAL case on issues of guit or W impeachhment

Front 15

A party's volunteered admission of fact accompanying an offer to setttle immediately following the incident is usually __________

Back 15

admissable (b/c there has not been time for other part to indicate an intent to make a claim)

Front 16

If a party admits liability AND the amount of liability but offers to settle (rather than litigate for a lesser amount __________

Back 16

every statement made in connection w/that offer is inadmissable (b/c claim must be disputed as to liability OR amt)

Front 17

Evidence that a party has paid or offered to Pay an accident victim's hospital or medical expenses is generally _________

Back 17

inadmissable to prove liability for injury (culpable conduct)

Front 18

Admissions of fact accompanying an offer to pay medical expenses are

Back 18

admissable