美国纽约州律师资格考试各科提纲 – 证据法则.pdf

融经国际商法咨询服务 GnosisPraxis Int’l Commercial Regulatory Consulting 1 美国纽约州律师资格考试各科提纲 – 证据法则 EVIDENCE RELEVANCE Basic Rule ? DEFINITION: o Evidence is relevant if it has any tendency to make a material fact more probable or less probable than would be the case without the evidence ? RULE: o All relevant is admissible ? Dual Purpose Evidence: When evidence is admissible for one purpose, but inadmissible for another purpose, the judge will give the jury a limiting instruction General Exception: Pragmatic Considerations o Court has discretion to make determination that probative value of evidence is substantially outweighed by pragmatic considerations ? Unfair prejudice ? Confusion ? Of issues ? Misleading jury ? Waste of Time ? Undue delay ? Waste of time ? Unduly cumulative o NOTE: unfair surprise is never a reason to exclude evidence Policy-Based Exclusions Evidence Rule Inadmissible Purpose Admissible Purpose Liability Insurance Evidence that a person has (or does not have) liability insurance… Proving fault Absence of fault Ownership Control Impeachment Subsequent Remedial Measures Repairs, design changes, or policy changes take after an accident that could have prevented the accident Negligence Culpable Conduct Product defect Failure to Warn Ownership Control Feasibility of a safer condition (D must put in issue) NY: manufacturing defect based on strict liability CONTRAST: in a design defect or failure to warn, post- manufacture modification admissible only to defeat the 融经国际商法咨询服务 GnosisPraxis Int’l Commercial Regulatory Consulting 2 manufacturer’s claim that at the time of manufacture, such modifications were not feasible. Even if the manufacturer concedes feasibility, the evidence of modification is inadmissible. Settlement or Offers to Settle or Statements made in Settlement Discussions If there is disputed claim at the time of the discussion (e