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8. Condensed Notes.docx - General Admissibility of Relevant...

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General Admissibility of Relevant EvidenceRule 402If evidence is relevant, then it is admissible unless a specific rule, statute, or constitutionalprovision bars its admissibility. If evid is not relevant, then its inadmissible.Evidence is relevant ifRule 401Evidence is relevant if it has ANY tendency to make a fact of consequence more or lessprobable (likely).Note: INCREDIBLY low bar. Almst everything relevant unless its out of blue, random.Prejudice, Confusion, or Waste of TimeRule 403ct may exclude relevant evidence if its PV is SO by danger of one or more of the following:unfair prejudice, confusing the issues, misleading the jury, undue delay,wasting time, or needlesslypresenting cumulative evidence.5 factors that influence a judge’s decision in applying 403:oExtent to which evid will arouse emotionsor irrational prejudicesamong jurors.oExtent to which jury might overvalue evidence—that is, take piece of evid which is only slightlyrelevant & give it undue weight.oStrength of connection between evid & elements of case.oWhether advocate can prove same facts through less prejudicial or confusing means.oWhether it would be possible to reduce prejudiceor other harm from introducing evidence.Stipulations:if allowing D to stipulate fact would be equally probative and eliminate unfair prejudice,P must accept stipulation.Old Chief.Subsequent Remedial MeasuresRule 407Settlements and Offers to CompromiseRule 408protects settlement offers/statements made during settlement offers from admission attrial.Medical ExpensesRule 409bars evidence of an offer to pay medical expenses if a party presents that evidence to showliability.Criminal Plea BargainingRule 410Liability InsuranceRule 411Putting a Witness on the StandRules impose just 3 other limits on competence:(1) A witness may only testify about matters within her personal knowledge (Rule 602);(2) A witness must make an oath or affirmation to testify truthfully (Rule 603); and(3) When state law supplies the rule of decision, as in a civil diversity case, state law also determinescompetence (Rule 601).Rule 601Witnesses presumed competent to testify unless otherwise provided.Rule 605Presiding judge may not testify as witness at trial. A party need not object to preserve the issue.Prohibits judges from (1) Offering commentary from the bench that amounts to testimony. (2) Reporting evidencerelated to experiments they have conducted or visits they have made to a site related to the case.Also applies to law clerks and other judicial employeesRule 606At the trial, a juror may not testify in a trial where they play a decision making role. If a juror is calledto testify, the court must give a party an opportunity to object outside the jury’s presence. rule does not bar thetestimony of jurors called to testify in a subsequent trial about something she witnessed in a previous trial.

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Term
Spring
Professor
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Tags
Evidence law, specific rule

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