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Evidence is relevant if . . .
It has ANY tendancy to make a material fact more or less PROBABLE than would be the case w/o the evidence
Basic rule re: relevant evidence
All relevent evidence is ADMISSIBLE
GENERAL exception to admissibility of relevant evidence
COURT makes discretionary determination that the PROBATIVE value of the evidence is SUBSTANTIALLLY outweighed by
-danger of unfair prejudice
-waste of time
For what purposes is evidence of Liability Insurance admissible?
-inadmissible to show fault (or absence)
-admissible to show other relevant purpose, such as
a) ownership or control (if controverted)
b) witness impeachment
Dual purpose evidence
-evidence admissible for one purpose, but inadmissible for another purpose
-judge should give jury limiting instructions
What is witness impeachment?
Process of showing that witness should not be believed
What is witness "bias"?
-arises when there is some relationship between the witness and a party that could cause the witness to LIE
-almost always admissible
Subsequent Remedial Measures
INADMISSIBLE to prove:
2) culpable conduct
3) product defect (NY
: ok to show manufacturing defect)
4) need for a warning
ADMISSIBLE for other purposes, such as (e.g., ownership, control, feasibility of improvement (if controverted by ∆)
Evidence 1 - Relevance