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What is Judicial Notice?
The recogonition of a fact as true without formal presentation of evidence.
- Two Types:
- 1) Matters of common knowledge in jurisdiction
- 2) Matters caable of easy verification from unquestionable sources.
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What is relevant evidence?
Any that has a tendancy to make a material fact more probable or less probable than would be the case without the evidence.
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Exception to Rule that All Relevant Evidence is Admissible Evidence?
Court makes a discretionary determination that the probative value of the evidence is substantially outweighed by pragmatic considerations.
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What Pragmatic Considerations may Substantially Outweigh Relevant Evidence?
- 1) danger of unfair prejudice
- 2) Confusion of jury
- 3) Waste of Time
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What specific policies exclude relevant evidence?
- 1) Liability Insurance, may not be used to prove fault, but may be used to prove ownership or control if disputed, or to impeach.
- 2) Subsequent Remedial Measures, may not be used to prove wrongful conduct, but may be used to show ownership, control, or feasibility of improvement, if controverted.
- 3) Settlements in Civil Cases (only once disputed claim) BUT Settlement evidence may be used to impeach a witness on the ground of bias.
- 4) Offer to pay medical expenses
- 5) Pleas and Plea Discussions in Criminal Cases, may not be used for any reason. **** But in NY, withdrawn plea may be used in civil case subsequent.
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New York exception to the Rule against admissibility of Subsequent Remedial Measures?
May use in products strict liability case for manufacturing defect.
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What is character evidence?
What is the general rule?
referes to a person's disposition or propensity.
Character and past acts is inadmissible if offered to prove that the person acted in conformity with that trait.
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What are the permissible (non-propensity) character evidences purposes?
- 1) Motive
- 2) Intent
- 3) Mistake or accident (absence of them)
- 4) Identity
- 5) Common scheme or plan
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How should MIMIC used of character evidence be limited?
1) Balance of probative value against prejudice.
2) Limiting instructions to the jury
3) Pretrial notice --> upon difendant's request, prosecution must give pretrial notice of intent to introduce MIMIC evidence.
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What civil claims is character evidence admissible to prove?
Where it is an essential element of the claim, e.g.:
1) Negligent hiring / negligent intrustment
2) Defamation
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What is habit evidence?
When is it admissible?
Habit of a person (or routine of a business organization) is: a repetitive response to a particular set of circumstances (Frequency and Particularity demonstrate this).
Habit is admissible to infer how the person or business acted on the occasion at issue in the litigation.
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When is habit evidence admissible in NY?
Only admissible to prove business, trade, or profession. Not admissible to prove personal habits on the issue of due care in negligence.
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