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AMYS Evidence - Barbri

AMYS Evidence - Barbri - Babri Evidence Relevance Writings...

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1Babri Evidence Relevance Writings Witnesses Hearsay (Privileges) Relevance - 403 FOR WHAT PURPOSE IS THE EVIDENCE BEING OFFERED? Relevant if it has any tendency to make a material fact more probable or less probable All relevant evidence is admissible unless there is some specific rule f exclusion OR the court in its discretion determines that the probative value is substantially outweighed by some other pragmatic consideration. 6 Pragmatics: 1) unfair prejudice 2) confusion of the issues 3) misleading the jury 4) undue delay 5) waste of time 6) unduly cumulative Some rules already strike the balances for you. Similar occurrences - if the evidence concerns some other time, event or person other than that which is involved in the case at hand - inadmissible. Probative value is outweighed by weakness of relevance, misleading to jury, confusing to jury. 1) P accident history - this is character evidence, general carelessness, general propensity general rule not admissible. - exception, what if the cause f the Ps damages is at issue - injury to lower back and in a prior accident the P back was injured - tends to show that this accident was not the cause of the back injury he is claiming. It will be admissible for that limited purpose. 2) D accident history - similar accidents caused by the same event or condition - character evidence generally inadmissible. -exception, other accidents involving same instrumentality or condition substantially similar circumstances. 1) to show existence of a dangerous condition 2) causation 3) prior notice to the D. 3) Where intent is in issue - a person’s prior conduct may create inferences concerning their intent. (Marta job discrimination no women hired for 6 yrs) 4) comparable sales on the issue of value - value of greenacre established by how much 1
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other similar house sell for 5) habit - the habit of a person or the routine of a business organization is admissible to infer how the business acted on the occassion at issue in the case. -problem distinguish habit from character. Character is general propensity, general propensity is not admissible to prove how person acted on particular occasion. Habit is considered highly probative on that issue. Habit - 1) frequency of the conduct 2) particularity of the conduct (specific activity). Habit is a frequent repetitive response to a particular set of circumstances. (Stop sign running - not habit because not particular - issue stop sign at hickory and main not stop signs generally. 8 times ran particular stop sign at corner of hickory and main - creates inference of habit from habit inference of conduct this time. Business example - truck company truck inspection - D introduces routne habit of inspecting every truck) 6) Industrial custom to show a standard of care - evidence as to how others in the same industry have acted in the recent past, admitted as some evidence as to how a party in the current litigation should have acted. This is evidence of an appropriate standard of care. Admissible but not conclusive.
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