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Logical relevance
- FRE: Evidence is relevant if it has:
- 1) any tendency to make
- 2) the existence of any fact of consequence to the action
- 3) more or less probable than it would be without the evidence
- CA: requires that the fact must also be in dispute [watch out if D admits to shooting the victim]
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Legal Relevance
Even if logically relevant, if probative value is outweighed by unfair prejudice, confusion or waste of time, the court has the discretion to exclude.
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What can you do if evidence is properly used for another purpose, but also affects the improper purpose?
- 1) Argue legal relevance or
- 2) limiting instruction, or
- 3) find another way to exclude.
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Exclusions for Policy Reasons
- 1. Liability Insurance
- 2. Subsequent Remedial Measures
- 3. Settlement Offers
- 4. Payment for medical expenses
- 5. Guilty Pleas
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Liability Insurance Exclusion?
- Inadmissible to show:
- 1) culpable conduct or
- 2) ability to pay (deep pockets).
- But admissible for other purposes.
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Subsequent remedial measure or repairs, what is an inadmissible purpose?
- Evidence of subsequent remedial measures or repairs after an accident is inadmissible to prove
- 1) culpable conduct (ex: negligence) or
- 2) defective design for products liability action
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Subsequent remedial measures or repais, what is an admissible purpose?
- Evidence of SRM is admissible to rebut:
- 1) D's assertion that no feasible precaution could have been taken ("nothing I could have done") or
- 2) D's assertion of no responsibility/ownership
- CA: admissible to prove
- 3) products liability under strict liability (e.g., defective design)
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Offers to settle, pleas, settlements, and related statements, what is inadmissible?
- Inadmissible against the defendant to prove:
- 1) liability or fault in a civil case, or
- 2) guilt in a criminal case (or no lo contendere).
- Note: In order to settle something, there first must be a claim asserted (filing of a lawsuit; youre going hear from my lawyer) and in dispute.
- Note: related statements are ALSO INADMISSIBLE
- 3) CA Only: Discussions that occur during mediation proceedings are also inadmissible
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Settlements/Pleas Exceptions, when are they admisisble?
- 1) The defendant just blurts out something, and there is no claim yet (or threatened)
- 2) No dispute as to liability or damages - Defendant said I admit I owe you the full $10,000 you are claiming, but I'll only pay you $5,000. Take it or leave it! Admissible.
- 3) CA: Prop. 8 might apply to pleas and allow them to be admitted [normally inadmissible under both Fed and CEC]. Argue that court may still exclude for unfair prejudice (under CEC 352).
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Offer to pay medical expenses:
- 1) Inadmissible to prove liability for the injuries,
- 2) BUT, related statements are STILL ADMISSIBLE
- CA: Related statements ALSO INADMISSIBLE
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Expressions of sympathy:
- **California only**
- expressions of sympathy relating to suffering or death of an accident victim are inadmissible.
- Related statements are ADMISSIBLE
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Similar occurrences with differnet people/different events
- sometimes admissible to prove causation
- admissible if there are similarities b/n evidence and people & events at issue
- Example: chicken McNuggets food poisoning, P can testify that Ronald McDonald was in next bed at hospital, and got sick eating McNuggets at same restaurant at same time. Relevant to prove causation.
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Prior accidents or claims of Plaintiff
- Generally INadmissible
- Evidence of prior accidents or prior occasions are inadmissible to prove negligence as to plaintiffs conduct this time.
- Exception: pattern of prior fraudulent claims by Plaintiff is admissible
- Exception: plaintiff's pre-existing condition is admissible (shows lack of causation, also goes to damages)
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Previous similar acts
- admissible for limited purposes . . .
- 1) to show intent
- Example: employment discrimination on gender, P shows D hired males in 100 other positions.
- Relevant to show intent to discriminate, admissible.
- 2) to rebut a defense of impossibility
- 3) to prove value, if it's a comparable sale of property
- 4) to prove habit
- 5) to prove routine business practice [business habit] (conduct in conformity with routine business practice on the occassion in question)
- 6) to prove industry custom practice [establish standard of care in a negligence case]
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What is habit evidence?
- Habit: specific conduct in a specific situation, and does not carry with it any moral judgment (describing in neutral way what D does in a specific situation)
- Must be frequently repeated conduct, not just a couple of instances.
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