Evidence (bar exam) Latest 2023 Rated A

Evidence (bar exam) Latest 2023 Rated A Relevant Evidence evidence is RELEVANT if it has ANY TENDENCY to make a material fact more probable or less probable than would be the case w/o the evidence Relevant Evidence Rule -all relevant evidence is ADMISSIBLE, UNLESS: (a) some specific EXCLUSIONARY RULE is applicable, OR (b) the court makes a discretionary determination that the PROBATIVE VALUE of the evidence is substantially outweighed by one or more of the following 6 PRAGMATIC CONSIDERATIONS 6 PRAGMATIC CONSIDERATIONS for Relevance 1) danger of unfair prejudice 2) danger of confusion of issues 3) danger of misleading the jury 4) undue delay 5) waste of time 6) unduly cumulative Similar Occurrences - General Rule -if evidence concerns SOME TIME, EVENT, OR PERSON OTHER THAN THAT INVOLVED IN THE CASE AT HAND, the evidence is ADMISSIBLE. -probative value is usually outweighed by pragmatic considerations 6 recurring situations that have produced concrete rules that may permit admissibility 1) Plaintiff's Accident History 2) Similar Accidents Caused by Same Event or Condition 3) Intent in Issue 4) Comparable Sales on Issue of Value 5) Habit 6) Industrial Custom as Standard of Care Plaintiff's Accident History -RULE: plaintiff's accident history is INADMISSIBLE b/c it shows nothing more than the fact that the plaintiff is accident-prone → this is just general character evidence -EXCEPTION → plaintiff's prior accidents are admissible IF: the cause of the plaintiff's injuries is an issue -EXAM TIP: always ask yourself - For what purpose is the evidence being offered? Similar Accidents Caused by Same Event or Condition -RULE: other accidents involving defendant are inadmissible b/c they suggest nothing more than general character for carelessness -EXCEPTION → other accidents involving the same instrumentality or condition may be admitted for three potential purposes IF the other accident occurred under substantially similar circumstances: 1) to show the existence of a dangerous condition;