Pre-Trial, We Trial
No evidence related solely to the extent of damages for either party is admissible. This stipulation is known as...
Bifurcation
ISU (Normal), Millikin (Decatur), SIU (Carbondale)
According to Federal Rule 401, what are the two tests for relevance? (i.e., prongs a and b).
(A) If it has the tendency to make a fact more or less probable than it would be without the evidence; (B) If If the fact is of consequence in determining the action.
Per Rule 611, leading questions should not be used on direct examination. Leading questions CAN be used according to the following two prongs/circumstances:
(1) On Cross Examination, and; (2) When calling a hostile witness, or a witness identified as an adverse party.
A cause that, in the natural or ordinary course of events, produced the Plaintiff's injury. It need not be the only cause, nor the last or nearest cause. It is sufficient if it combines with another cause resulting in the injury. This is known as...
Proximate Cause
Pre-Trial Order No.17 prevents WHAT EXHIBIT from being admitted or used to assert the truth of the matter?
Exhibit 2
What physical injuries did Parker sustain from the crash (allegedly)?
Shattered Right Ankle, Broken Right Arm, Injured Right Shoulder. (Also acceptable: Right Ankle, Right Arm, Right Shoulder).
According to Rule 403, the court may exclude relevant evidence if its probative value is substantially outweighed by a danger of which of the following SIX prongs...
What are the two prongs that allow testimony by experts, according to rule 702?
(1) Scientific knowledge/specialized knowledge that can help determine facts of the case; (2) Testimony is based on sufficient data
A loss or injury is due to THIS, when it is occasioned exclusively by natural causes such as could not be prevented by human care, skill, and foresight.
Act of God
While Exhibit 2 cannot be used to assert the truth of the matter, what can it be used for?
According to Sam Haller, who bought the following items: (1) Redbull, (2) NoDoz Pills.
(1) Driver (Charlie) Redbull, (2) NoDoz Pills (Sam is actually uncertain)
What are the two methods in which one may prove character, according to Federal Rule 405?
Under rule 801, the following two statements are not hearsay.
(1) Declarant-Witness's Prior Statement; (2) Opposing Party's Statement (Party Opponent)
What are the three applicable statues in this case?
625 ILCS 5/11-601(a); 625 ILCS 5/12-610.2; 625 ILCS 5/11-907(c)
Answers May Vary
The failure to do something which a reasonably careful person would do, or the doing of something which a reasonably careful person would not, under circumstances similar to those shown by the evidence. This is known as...
Negligence
What insurance company does Dr. Goodman typically work for/conduct crash data analysis for?
NationalAutoCare, Inc.
Define rules 406 and 407.
406: Habitual Action; 407: Subsequent Action
How does Hearsay Rule 801 define the following: (A) Statement, (B) Declarant, and (C) Hearsay?
The negligence of the Defendant will not constitute a proximate cause of Plaintiff’s injuries if you find that some intervening act supersedes Defendant's negligence. This is known as...
Intervening Cause
The care a reasonably careful person would use under circumstances similar to those shown by the evidence. The law does not say how a reasonably careful person would act under those circumstances. This is known as...
Ordinary Care
According to Jessie AND Charlie, what are two reasons why Charlie DID NOT want Parker to drive?
Speeding Tickets; Lead foot (Drives fast)
Title or define Federal Rule 609(d).
Outlines the rules for impeachment of a witness by evidence of a criminal conviction. Such evidence, if in a civil case and if committed as a minor/juvenile, is inadmissible, barring certain circumstances.
Identify TEN (10) exemptions to hearsay under rule 803.
Present Sense Impression; Excited Utterance; Existing Condition; Medical Records; Recorded Recollection; Regularly Conducted Activity; Absence of Regularly Conducted Activity; Public Record; Absence of a Public Record; Judgement of a Prior Conviction; Reputation Concerning Character; Statements in Learned Documents
What are the three prongs to prove Negligence and Negligence Per Se, in this case?
FIRST, that the Defendant acted or failed to act in one of the ways claimed by the Plaintiff as stated to you in these instructions and that in so acting, or failing to act, the Defendant was negligent; SECOND, that the Plaintiff was injured; THIRD, that the negligence of the Defendant was a proximate cause of the injury to the Plaintiff.