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9 Cards in this Set
- Front
- Back
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Relevance
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Evidence is relevant if it has any tendency to make the existence of any fact that is of consequence more or less probable than it would be without the evidence.
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Discretion to exclude
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Generally, the court has discretion to exclude evidence if:
i) the probative value is substantially outweighed by unfair prejudice ii) confusion iii) wast e of time |
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Admissibility of liability insurance
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inadmissible to prove culpable conduct, but admissible to:
*impeach *prove ownership or control *part of an admission |
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Admissibility of subsequent remedial measures
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evidence of safety measures or repairs after and accident are inadmissable to prove culpable conduct or defective product
Can be used to: *prove ownership or control *rebut a claim that the precaution was not feasible *prove the opposing party has destroyed evidence |
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Admissibility of settlements, and offers to settle
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Civil caseL evidence of settlements and offers are inadmissible to prove fault
*exception: where no claim is asserted, it will be allowed in; where there is no dispute as to liability or damages. Criminal: pleas and offers to plea are inadmissible to prove guilt |
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Admissibility of payment or offers to pay medical expenses
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inadmissible when offered to prove liability, BUT related statemetns are admissible
*sever admissions as they are still admissible under these rules |
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Similar occurences
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Usually evidence is irrelevant if not about specific people and events in issue. Exceptions:
*causation *pre existing condtion *pattern of fraudulent claims *intent *impossiblity *comparable sales to establish value |
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Habit Evidence
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Habit of a person to act in a certain way is relevant and admissible to show the person acted in accordance with the habit on the occasion in question
Habit=frequently repeated conduct *For businesses, termed "routine practice evidence |
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Industrial custom evidence
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Industrial custom evidence is relevant to prove the standard of care in a negligence case
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