FCDA±PWE
What is relevance?
Relevant evidence is evidence that is makes a fact more or less likely to be of consequence to the issue of the case then that fact would be without that evidence
Official definition: Relevant evidence is evidence that tends to make the existence of any fact that is of consequence to the determination of an action more or less probable than it would be _without_ the evidence
list (3)
Factors in determining the relevance of evidence
- Materiality
- Probativeness
- Proximity in time to the events in question
Factors in determining the admissibility of evidence
- material
- probative
- competent
list (6)
What outweighs probative value
- Danger of unfair prejudice
- Confusion of the issues
- Misleading the jury
- Undue delay
- Waste of time
- Needless presentation of cumulative/repetitive evidence
Unfair surprise is allowed under?
ommitted under?
some state rules;
federal rules
Habit or Character Evidence?
Lara is very conscientious about the maintenance of her car
Character Evidence
Habit or Character Evidence?
Lara checks the brakes of her car every Sunday before church
Habit
Habit or Character Evidence?
Jeff never slows down at the Yield sign at the end of Summer Street
Habit
hint: complaints or actions?
The D can show their lack of knowledge of a danger by admitting into evidence _______________
abscene of complaints
List (2)
When can evidence of similar tort claims or involvement in prior accidents BE ADMITTED into evidence to invalidate the current claim?
Usually, similar tort claims or prior accidents are not admissible. However, in two scenarios, such evidence is admissible. What are they?
If it shows something OTHER than carelessness
- P has made similar FALSE claims
- If P has injured SAME body part and the CAUSE of injury is at issue then, prior accidents are admissible evidence to prove what the cause of the P’s same injury was
Example: P drove into a lamp post and now has neck pain. Six months before, he drove into a brick wall. Prior accident of brick wall admissible to show cause of injury was brick and not lamp post.
Habit or Character Evidence?
Sally always takes the stairs two at a time
Habit
If evidence shows person’s accident or injury is due to something other than carelessness, then _______________
hint: can evidence be admitted or nah?
Can admitted evidence of ____ to invalidate the current claim
- similar tort claims or
- involvement in prior accidents
EXCEPTION: similar acts
When can evidence of impossibility be admissible?
To show something IS possible
(i.e. D claims car wont go about 50 mph but claim can be rebutted based on past occassions when it has gone above 50 mph)
Habit or Character Evidence?
Jeff is a careless driver
Character Evidence
EXCEPTION: similar acts
The requirement that prior similar occurrences be similar to the current issue may be relaxed when used to rebut a claim of: ____________________
Impossibility!
complaints vs accidents
Is absence of similar accidents admissible to show absence of negligence or lack of defect?
Courts reluctant to admit
Example: Court reluctant to admit evidence that NOT that many ppl have hit the lamp post in the town center.
Are (prior) similar occurrences admissible
NO, unless exception applies (hiii chap)
List (8)
EXCEPTIONS to admitting (prior)similar occurrences
(“Hiii Chap !’) - hey chap, come on into evidence!!
- H: Habit and Business Routine Evidence
- I: Impossibility
- I: Intent (prior acts)
- I: Industry standard
- C: causation
- H: P’s accident history
- A: Same accident/injury caused by same event or condition
- P: Property
How can industry custom of similar acts be used as evidence?
Evidence of how others in the industry have acted in the past may be used as evidence to show industry standard of care
NOTE: similar acts could be evident of an entire industry acting negligently
complaint vs accidents
Is absence of similar complaints admissible to show absence of negligence or lack of defect?
and admissible for what reason?
YES, to show that the D’s lacked knowledge of the danger
EXCEPTION: similar acts
Are quoted prices in offers an agreement to purchase property?
generally NO
EXCEPTION: similar acts
What can evidence of other times, events, or persons be used to establish?
to prove Causation
(i.e. D’s blasting damaged homes in the neighborhood. Relevant evidence for P to establish that D’s blasting was the cause of damage to P’s home)
Habit or Character Evidence?
Bart is a drunk
Character Evidence
EXCEPTION: similar acts
When are prior similar acts to prove intent admissible?
Admit evidence of conduct that was previously committed prove intent for committing act at issue in current case
Example: M sues Ace Corp for sex discriminitation. M alleges she wasnt hired bc she’s a woman. M seeks to admit into evidence that Ace Corp hasnt hired women in 10 yrs, despite being well qualified.
