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Article IV

Rules of Evidence - Mock Trial (Civil)

TermDefinition
401 evidence relevant if it proves thing more/less likely to happen or fact is in consequence for determining the action
402 Relevant evidence is admissible unless any of the following provides otherwise: the United States Constitution; a federal statute; these rules; or other rules prescribed by the Supreme Court. Irrelevant evidence is not admissible.
403 court can exclude relevant evidence if it will do more harm than good
404 character evidence can't be used to prove someone did something based on character
405 (a) Reputation or Opinion - Only reputation or opinion character evidence may be used under any admissible 404. (b) Specific instances may be used on cross
406 Any evidence of a habit or routine practice done almost unconsciously, and invariably, and without fail is relevant to prove conformity therewith. Rare; high bar to prove
407 when measures were taken that would have made harm less likely to occur, evidence of these measures isn't admissible to prove negligence, culpable conduct, a defect in a product, or a need for warning/instruction. Court may admit this for impeachment BOC
408 evidence of offers/promises or statements made during negotiations about claim not admissible to prove/disprove validity of claim or impeach prior inconsistent statement. can only be used for witness bias, obstruction of justice etc
409 evidence of offering to pay for expenses resulting from an injury is not admissible to prove liability for injury
410 evidence of withdrawn guilty plea, nolo contendere plea, statement during proceeding on either plea, or statement made during plea discussions may not be used against defendant who made plea or discussed plea
411 evidence that a person was/was not insured against liability not admissible to prove whether person acted negligently/wrongfully CBUPBOC
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