Evid 1

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Evid 1
2010-06-28 16:05:01

Evidence 1 - Relevance
Show Answers:

  1. Evidence is relevant if . . .
    It has ANY tendancy to make a material fact more or less PROBABLE than would be the case w/o the evidence
  2. Basic rule re: relevant evidence
    All relevent evidence is ADMISSIBLE
  3. GENERAL exception to admissibility of relevant evidence
    • COURT makes discretionary determination that the PROBATIVE value of the evidence is SUBSTANTIALLLY outweighed by
    • -danger of unfair prejudice
    • -confusion
    • -waste of time
  4. For what purposes is evidence of Liability Insurance admissible?
    • -inadmissible to show fault (or absence)
    • -admissible to show other relevant purpose, such as
    • a) ownership or control (if controverted)
    • b) witness impeachment
  5. Dual purpose evidence
    • -evidence admissible for one purpose, but inadmissible for another purpose
    • -judge should give jury limiting instructions
  6. What is witness impeachment?
    Process of showing that witness should not be believed
  7. What is witness "bias"?
    • -arises when there is some relationship between the witness and a party that could cause the witness to LIE
    • -almost always admissible
  8. Subsequent Remedial Measures
    • INADMISSIBLE to prove:
    • 1) negligence
    • 2) culpable conduct
    • 3) product defect (NY: ok to show manufacturing defect)
    • 4) need for a warning
    • |
    • ADMISSIBLE for other purposes, such as (e.g., ownership, control, feasibility of improvement (if controverted by ∆)