Term
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Definition
Evidence is relevant if it has any tendancy to make the existence of any fact that is of consequence to the determination of the action more or less probable than it would be without the evidence. |
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Term
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Definition
Even if evidence is relevant, court has discretion to exclude it if the its probative value is substantially outweighed by unfair prejudice, confusion, or waste of time.
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Term
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Definition
Evidence of liability insureance is inadmissible to prove culpable conduct such as negligence or D's ability to pay a judgment. Evidence of insurance is admissible to prove anything else.
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Term
| Subsequent remedial measures or repairs |
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Definition
Evidence of safety measures or repairs after an accident are inadmissible to prove culpable conduct or, in a products liability action, defective product design. Remedial measures evidence is admissible to prove anything else.
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Term
| Settlements, offers to settle and pleas |
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Definition
Civil case: inadmissible to prove liability or fault Criminal case: pleas, offers to plea and related statements are inadmissible to prove guilt (includes both guilty pleas and pleas of nolo contendre).
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Term
| Payment or offers to pay medical expenses |
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Definition
Inadmissible to prove liability for the injuries in question. |
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Term
| Character Evidence (approach) |
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Definition
4 Things to consider: 1. Purpose for which the character evidence is offered. - Character is an issue in the case
- Character as circumstantial evidence of a person's conduct on the occasion in question.
- Offered to impeach or support the credibility of the witness.
2. Method or technique used to prove character. - Specific acts of conduct
- Opinion
- Reputation
3. Is it a civil or criminal case? 4. Does the evidence prove a pertinent character trait? |
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