Evidence -- Threshold Issues*

Front 1

Relevance

Back 1

1) Having any tendency
2) to make the existence of any fact of consequence
3) more or less probable

Front 2

Fact of consequence

Back 2

Substantive law in any given case that defines what facts are of consequence

Front 3

More or less probable

Back 3

Common sense determination based on facts and law -- SIMPLE BUT TALK ABOUT ALWAYS

Front 4

Relevance compared to probative value

Back 4

Relevance does not turn on degree; probative value turns on degree.
Even if relevance is relevant, court has discretion to exclude it if probative value is substantially outweighed by unfair prejudice, confusion, or waste of time.

Front 5

Unfair Prejudice

Back 5

Draws on emotion more than logic

Front 6

Confusion

Back 6

Talks to more than one legal issue

Front 7

Waste of Time

Back 7

Not conducive to efficiency of court proceedings

Front 8

Exceptions to Relevance
(4)

Back 8

1) Liability Insurance
2) Subsequent Remedial Measures
3) Settlements, offer to settle and pleas
4) Payment or offers to pay medical expenses

Front 9

Liability Insurance Exception

Back 9

Evidence of liability insurance is inadmissible to prove culpable conduct like negligence or defendant's ability to pay a judgment.
Limited in scope to prove negligence, but can be admitted for other reasons (ownership, control, bias).

Front 10

Subsequent Remedial Measures

Back 10

Evidence of safety measures or repairs after an accident is inadmissible to prove culpable conduct. In products liability cases, it is inadmissible to prove defective product design.
Can be admitted to prove control, rebut no feasible precaution defense,

Front 11

Settlements, offers to settle and pleas -- CIVIL

Back 11

Evidence of settlements, offers to settle, and related statements are inadmissible to prove liability or fault.

Front 12

Settlements, offers to settle and pleas -- CRIMINAL

Back 12

Evidence of pleas later withdrawn, offers to plea and related statements are inadmissible to prove guilt.
Includes pleas of nolo contendere.

Front 13

Exception to Settlements, offers to settle and pleas

Back 13

When no dispute as to liability or damages

Front 14

Payments or offers to pay medical expenses

Back 14

Evidence of payments or offers to pay medical expenses is inadmissible when offered to prove liability for injuries in question.
Related statements admissible.

Front 15

Similar occurrences

Back 15

Usually evidence is irrelevant if it is not about specific people and events in issue.

Front 16

Exceptions to similar occurrences rule
Causation

Back 16

If similarities to facts of present case (time, location, occurrence)

Front 17

Exceptions to similar occurrences rule
(8)

Back 17

1) Causation
2) Prior accidents or claims of plaintiff usually irrelevant
3)Intent
4) Rebuttal of defense of impossibility
5) Comparable Sales (to prove value of property)
6) Habit evidence (distinguish from character)
7) Routine practice
8) Industrial customs (to provide standard of care in a negligence case)

Front 18

Exceptions to similar occurrences rule
Exceptions - Prior accidents or claims of plaintiff
(2)

Back 18

1) Pattern of fradulent claims
2) Creation of preexisting condition

Front 19

Dead Man Act

(but abolished in most states)

Back 19

Party or person interested in an event (or their successor) incompetent to testify to personal transaction w/ deceased when such testimony offered against representative or successor of deceased

CIVIL CASES ONLY