FRE 401, 404(a), 404(b)
A student is accused of stealing a teacher’s laptop at 2:00 PM. A camera shows the student entering the teacher’s classroom at 1:58 PM.
Answer: What is relevant evidence under FRE 401?
Simple explanation: It makes it more likely that the student had the opportunity to take the laptop.
A defendant's peaceful character is properly at issue. A witness says, "I've known him for 20 years, and he has a reputation for being peaceful."
Answer: What is reputation evidence under FRE 405?
Simple explanation: When character evidence is allowed, reputation or opinion testimony may be used.
A customer slips on a loose floor tile at a restaurant. The next day, the restaurant replaces the tile. The customer wants to use the repair to prove the restaurant was negligent.
Answer: What is a subsequent remedial measure under FRE 407?
Simple explanation: A repair made after an accident generally cannot be used to prove negligence.
After accidentally hitting a pedestrian with his bicycle, Marcus says, "I'll pay your hospital bill."
Answer: What is an offer to pay medical expenses under FRE 409?
Simple explanation: Offering to pay someone's medical expenses generally cannot be used to prove liability.
After a car accident, the plaintiff tells the jury, "Don't worry about making the defendant pay $500,000. He has plenty of insurance."
Answer: What is evidence generally prohibited by FRE 411?
Simple explanation: Liability insurance generally cannot be used to prove that someone was negligent or wrongful.
During a robbery trial, the prosecutor wants to show the jury the defendant’s favorite football team. It has nothing to do with the robbery
Answer: What is inadmissible because it is irrelevant under FRE 402?
Simple explanation: Evidence that is not relevant is generally not admissible
A witness is allowed to testify about Sarah's character for honesty and says, "In my opinion, Sarah is an honest person."
Answer: What is opinion evidence under FRE 405?
Simple explanation: FRE 405 allows character to be proven by reputation or opinion when character evidence is admissible.
After a student falls from damaged bleachers, the school adds a new safety railing. A lawsuit later claims the school should have had the railing before the accident.
Answer: What is evidence generally excluded by FRE 407?
Simple explanation: Fixing something after an accident generally cannot be used to prove the person or organization was negligent before the repair.
After a car accident, Lisa says, "I'm so sorry. I wasn't watching the road. I'll pay all of your medical bills."
Answer: What is an offer protected by FRE 409, but an accompanying statement that may still be admissible?
Simple explanation: "I'll pay your medical bills" is generally excluded, but "I wasn't watching the road" is not automatically protected by FRE 409.
A prosecutor argues, "The defendant didn't need to drive carefully because he knew his insurance company would pay if he crashed."
Answer: What is an improper use of liability insurance under FRE 411?
Simple explanation: Having insurance cannot be used to prove that someone acted negligently or wrongfully.
In an assault trial, the prosecutor has normal photographs showing the victim's injuries but also wants to show extremely graphic close-up photos over and over. The defense argues the extra photos add little information and may emotionally influence the jury.
Answer: What is evidence that may be excluded under FRE 403?
Simple explanation: Relevant evidence can still be excluded if unfair prejudice substantially outweighs its usefulness
In a case where a person's character trait is actually an essential part of the legal claim, an attorney wants to introduce specific examples of that person's behavior.
Answer: What is proof by specific instances under FRE 405(b)?
Simple explanation: Specific acts can be used when the character trait itself is an essential element of the charge, claim, or defense
A store denies that it had control over a broken staircase. After the accident, the store itself ordered and paid for repairs to that staircase. The evidence is offered to help establish control, not negligence.
Answer: What is a possible permitted use under FRE 407?
Simple explanation: Later repairs may sometimes be admitted for another purpose, such as proving ownership, control, or whether a precaution was possible.
A defendant enters a guilty plea, but the judge later allows the defendant to withdraw that plea. At trial, the prosecutor wants to tell the jury about the withdrawn guilty plea.
Answer: What is a withdrawn guilty plea protected by FRE 410?
Simple explanation: A guilty plea that was later withdrawn generally cannot be used against the defendant.
A witness claims he has no connection to the defendant's insurance company. The other side has evidence showing the witness actually works for that insurance company.
Answer: What is a permitted use of insurance evidence under FRE 411?
Simple explanation: Insurance evidence may be admitted for another purpose, such as showing a witness's bias or prejudice.
David is charged with stealing a car. The prosecutor wants to tell the jury that David stole a car five years ago just to prove, "He is a car thief, so he probably did it again."
Answer: What is improper character evidence under FRE 404?
Simple explanation: You generally cannot use someone's past behavior simply to prove they acted the same way this time.
Every morning for 15 years, Mr. Garcia enters his office, immediately turns off the alarm, and signs the security log. Records show he followed this exact routine almost every workday.
Answer: What is habit evidence under FRE 406?
Simple explanation: A person's regular response to a repeated situation can be used to show they probably acted the same way on a particular occasion
Two drivers disagree about who caused an accident. One says, "I'm not admitting fault, but I'll give you $5,000 to settle this and avoid court."
Answer: What is a compromise offer under FRE 408?
Simple explanation: Settlement offers involving a disputed claim generally cannot be used to prove liability or the amount owed.
A defendant pleads no contest to a charge. Later, someone tries to use that plea against the defendant in another proceeding
Answer: What is a nolo contendere plea protected by FRE 410?
Simple explanation: A no-contest plea generally cannot be used against the defendant.
Two people argue over who owned a vehicle involved in an accident. An insurance policy lists one of them as the vehicle's owner. The policy is offered only to help establish ownership.
Answer: What is a possible permitted use under FRE 411?
Simple explanation: Insurance evidence may sometimes be used for another relevant purpose, such as proving ownership or control.
A man claims he accidentally entered the wrong house. Prosecutors have evidence that he previously used the exact same unusual method to enter houses and steal jewelry. They offer it to show his plan, not simply that he is a bad person.
Answer: What is a permitted non-character use under FRE 404(b)?
Simple explanation: Prior acts may sometimes be used to prove things like motive, opportunity, intent, preparation, plan, knowledge, identity, or lack of accident.
A delivery company requires drivers to photograph every package immediately after leaving it at a customer's door. Records show employees consistently follow this procedure.
Answer: What is routine-practice evidence under FRE 406?
Simple explanation: An organization's regular practice can be evidence that it followed that practice on a particular occasion.
During settlement negotiations, a business owner offers $20,000 to resolve a customer's disputed lawsuit. At trial, the customer wants to tell the jury, "They offered me money, so they must know they were guilty."
Answer: What is evidence generally prohibited by FRE 408?
Simple explanation: Settlement negotiations generally cannot be used to prove that someone was liable.
During plea negotiations with a prosecutor, a defendant offers to plead guilty to a lesser charge. Negotiations fail, and the case goes to trial. The prosecutor wants to tell the jury about the offer.
Answer: What is a statement made during plea discussions protected by FRE 410?
Simple explanation: Statements made during qualifying plea negotiations generally cannot later be used against the defendant.
During a negligence trial, an attorney asks, "Isn't it true that you have a $2 million liability insurance policy?" The attorney's only reason for asking is to suggest that the defendant can afford a large verdict.
Answer: What is inadmissible liability-insurance evidence under FRE 411?
Simple explanation: Insurance generally cannot be shown just to prove negligence or encourage the jury to award more money.