Evidence-Wellborn SU2006 Outline

Most of them you have far fewer other accidents and

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Unformatted text preview: ong for allowing this evidence; 100 previous similar falls!! (In summertime) Warning very few cases are like this, with such strong evidence...most of them you have far fewer other accidents and the evidence is far less compelling for what the plaintiff wants you to draw from. There's a reason why some jurisdictions flatly excluded this...because if you think about it, almost all the rule 403 dangers arise when you allow the plaintiff's to show other accidents: o Unfair prejudice jury gets mad at defendant for other people he has hurt o Confusion of issues hard enough in a trial with the tools we have to recreate any past single events...once you have decided that the plaintiff can include other accidents you have multiplied this confusion with the jury...(also going to have to allow the defendant to bring in his accidents too). Three Categories of Relevancy Law: General relevancy rules: Probative value, materiality, general balancing on ad hoc basis o 403 general relevancy rules Specific relevancy rules o 404 - 415 o Premised on same basis as rule 403 but a...
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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 at Austin.

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