Study for the Bar in Your Car

Evidence - Relevancy and the Exclusion of Evidence


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Ready to unravel the intricacies of evidence law? Tune into "Study for the Bar in Your Car" episode three, "Relevancy and the Exclusion of Evidence", where hosts Ma and Claude, powered by the incredibly detailed notes of LLM law student and former judicial law clerk Angela, guide you through the fundamental principles that determine what information gets heard in court.

This deep dive is your essential resource for understanding how the legal system filters information. We dissect the absolute baseline of relevancy—when evidence has any tendency to make a fact more or less probable and that fact is of consequence to the action. While relevant evidence is generally admissible, we explore the crucial balancing act of Rule 403, where even relevant evidence can be excluded if its probative value is substantially outweighed by dangers like unfair prejudice, confusing issues, or misleading the jury.

Beyond relevancy, we unpack vital public policy exclusions designed to encourage beneficial behaviors outside the courtroom:

  • The inadmissibility of liability insurance to prove negligence, with key exceptions like proving ownership or witness bias.
  • Rules around offers to pay medical bills, distinguishing the excluded offer from potentially admissible accompanying admissions of fault.
  • The broad protection for settlement offers and negotiations, barring their use to prove liability (unless for purposes like showing bias).

Master authentication, proving that evidence is what it claims to be. Learn the methods for everything from witness personal knowledge and handwriting/voice identification to ancient documents and chain of custody for fungible items. Discover self-authenticating documents that require no additional testimony.

Gain clarity on expert testimony (Rule 702), including the Daubert standard and its factors (TRAP mnemonic) for ensuring reliability. We also address the major exception in criminal cases: experts cannot state an opinion on a defendant's specific mental state.

Finally, conquer the nuances of character evidence, habit, and other acts. Understand the propensity rule (Rule 404) that generally bars using character to prove conduct, and its critical exceptions in criminal cases (e.g., defendant "opening the door" by offering good character, or specific non-propensity uses like MIMIC for motive, intent, identity). Differentiate this from habit evidence (Rule 406), which is admissible due to its specific and regular nature.

We also demystify presumptions, those legal shortcuts allowing inference of one fact from another, highlighting the crucial distinction between mandatory and permissive presumptions—especially in criminal cases where due process demands only permissive inferences on elements of a crime.

Understanding these "gatekeepers" is crucial, as they fundamentally shape what evidence a judge or jury hears, directly impacting case outcomes. Listen now and subscribe to "Study for the Bar in Your Car" to enhance your legal understanding and ace your exams!

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Study for the Bar in Your CarBy Angela Rutledge, LLM, LLB

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