Evidence Bar Exam Lectures
Always start with relevance. Every other issue depends on this threshold issue. What’sthe purpose of the evidence?Two Theories of admission under relevancy:1.
Logical Relevance or probativeness2.
Discretionary / Pragmatic / Policy based relevanceA.
(Rule 401) – Applicable Law Everywhere
Evidence is logically relevant, if it has any tendency to make amaterial fact, more probable or less probable than it would bewithout the evidence.i.
TIP: we worry about logical relevancy when the evidenceconcerns some other time, event, or person (sometimes itmight be too remote).B.
(Rule 403) – Applicable Law Everywhere
Stricter standard. Evidence might be logically relevant, but still notadmissible, because its probative value is substantially outweighedby one of the following:i.
Danger of unfair prejudiceii.
Confusion of the issuesiii.
Misleading the juryiv.
Waste of timevi.
TIP: Bar Exam Question – what’s missing from the list?i.
Unfair Surprise – Sample Question – what’s the least unlikelyground to exclude evidence? Unfair Surprise. This is not aground for exclusion of evidence under Rule 403.II.
There are eight situations where the evidence does concern some othertime, event, or person, but is still relevant and admissible.
Complicated Issues of Causation
(to prove cause and effectin complicated situations).
Prior Accidents or Claims (usually two parts)
wants to show prior accidents or claims of Plaintiff i.
Prior accidents or claims are not admissible,
To prove common claim or scheme of fraud2.
If the prior claims or accidents arerelevant to the issue of the