Evidence-Wellborn SU2008 Outline Chart

Evidence-Wellborn SU2008 Outline Chart - Basic Principles...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
RELEVANCE Basic Principles TIP: evidence that is not admissible for purpose A may be admissible for purpose of B, but judge should give a limiting instruction Rules: o Evidence is relevant if it has any tendency to make a material fact more probable or less probable than would be the case without the evidence o All relevant evidence is admissible, UNLESS: o (1) some specific exclusionary rule is applicable, OR o (2) the court makes a discretionary determination that the probative value of the evidence is substantially outweighed by pragmatic considerations: danger of unfair prejudice confusion of the issues misleading the jury undue delay waste of time unduly cumulative Similar Occurrences Rule: In general, if evidence concerns some time, event or person other than that involved in the case at hand, it is inadmissible Exceptions (Still at the judge’s discretion) : o Plaintiff’s accident history o Generally inadmissible UNLESS, cause of plaintiff’s damages is in issue (ie. you can show that P’s injuries may have been caused by prior accidents) o Similar accidents caused by the same event or condition o Generally inadmissible, UNLESS they: (1) involve the same instrumentality or condition; AND (2) occurring under substantially similar circumstances Then may be admitted for the following purposes: To show the existence of a dangerous condition Causation Prior notice to the defendant TX RULE: need similarity of conditions o Intent in Issue o Person’s prior conduct may provide inference of intent on later occasion (ie. to show intent in this case) o Comparable Sales on Issue of Value o Selling price of other property of similar type, in same general location, and close in time to period at issue , is some evidence of value of property at issue o Habit o Habit of a person or routine of a business organization is admissible as circumstantial evidence of how the person (or business) acted on the occasion at issue in the litigation 1
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Definition: a repetitive response to a particular set of circumstances TIP: DO NOT confuse with character evidence Key Words: always, invariably, automatically instinctively, habitually o Industrial Custom as a Standard of Care o Evidence as to how others in the same trade or industry have acted in recent past may be admitted as some evidence of the appropriate standard of care Policy-Based Exclusions Liability Insurance - Inadmissible: evidence that a person has or does not have liability insurance is inadmissible to prove the person’s fault or absence of fault - Admissible: evidence that a person has liability insurance may be admissible to (1) show proof of ownership OR control of an instrumentality or location IF disputed OR (2) for impeachment purposes (ie. to show bias) Subsequent Remedial Measures (ie. post-accident repairs, design changes, policy changes) - Inadmissible: to show negligence, culpable conduct, product defect, need for warning - Admissible:
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

Page1 / 20

Evidence-Wellborn SU2008 Outline Chart - Basic Principles...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online