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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
Basic rule re: relevant evidence
All relevent evidence is ADMISSIBLE
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
- -waste of time
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
Dual purpose evidence
- -evidence admissible for one purpose, but inadmissible for another purpose
- -judge should give jury limiting instructions
What is witness impeachment?
Process of showing that witness should not be believed
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
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 ∆)