401 & 402
A convenience store is robbed at 9:15 PM. A witness saw the defendant's truck parked behind the store at 9:10 PM.
The truck being there shortly before the robbery makes it more likely the defendant could have been involved.
Eric is charged with assault. The prosecutor calls a witness to say, "Eric is just a violent person, so I'm sure he attacked this guy."
You generally cannot prove someone committed an act simply by saying they have the type of character that would do it.
Every time Mr. Lopez leaves his house, he checks the front door three times to make sure it is locked. He has done this almost every day for years.
Answer: What is habit evidence under FRE 406?
Simple explanation: This is a specific, repeated response to the same situation.
After accidentally knocking a customer down, a store employee says, "I'll pay for your ambulance ride."
Answer: What is an offer to pay medical expenses under FRE 409?
Simple explanation: The offer to pay medical expenses generally cannot be used to prove liability.
A pedestrian sues a driver after being hit in a crosswalk. The pedestrian's attorney tells the jury that the driver has $1 million in liability insurance to show the driver can afford to pay.
Answer: What is improper insurance evidence under FRE 411?
Simple explanation: Liability insurance cannot be used to prove fault or encourage the jury to award money because insurance will pay.
A man is accused of breaking into a house through a bathroom window. Police find his fingerprint on the outside of that window.
The fingerprint makes it more likely that he was at the window used to enter the house.
Police have clear photographs of a murder scene. The prosecutor also wants to show the jury a long, extremely graphic video of the victim's body even though it adds almost no new information.
Answer: What is evidence that may be excluded under FRE 403?
Simple explanation: Its limited usefulness may be substantially outweighed by the danger of unfairly influencing the jury emotionally.
Character for honesty is properly at issue. A witness says, "I've worked with Daniel for ten years. In my opinion, he is an honest person."
Answer: What is opinion testimony under FRE 405?
Simple explanation: When character evidence is allowed, it can generally be proven through reputation or opinion testimony.
A child falls through a broken fence surrounding an apartment pool. The apartment complex installs a brand-new fence the following week.
Answer: What is a subsequent remedial measure under FRE 407?
Simple explanation: The later repair generally cannot be used to prove the complex was negligent before the accident.
A defendant enters a no-contest plea to a criminal charge. Someone later wants to use the plea against the defendant as proof that he committed the crime.
Answer: What is a nolo contendere plea protected by FRE 410?
Simple explanation: A no-contest plea generally cannot later be used against the defendant.
Scenario: Maria is on trial for shoplifting. The prosecutor wants to show that Maria failed algebra in high school.
Her algebra grade does not make it more or less likely that she shoplifted.
A defendant claims he accidentally took someone else's suitcase from the airport. Prosecutors show that he previously used the same unusual trick several times to switch luggage tags and take expensive suitcases.
Answer: What is a possible permitted use under FRE 404(b)?
Simple explanation: The previous acts could potentially help show intent, plan, knowledge, or lack of accident—not simply that he is a bad person
A nursing home requires employees to scan every patient's wristband before giving medication. Electronic records show employees consistently follow this procedure.
Answer: What is routine-practice evidence under FRE 406?
Simple explanation: A regular organizational procedure can be used to suggest the organization followed that procedure on a particular occasion.
A contractor says a homeowner owes him $15,000. The homeowner says the work was terrible and only $5,000 is owed. The contractor says, "Give me $8,000 and we'll call it even."
Answer: What is a compromise offer under FRE 408?
Simple explanation: Because the amount owed is disputed, the settlement offer generally cannot be used to prove the amount of the claim.
A witness testifies that the defendant did nothing wrong. The plaintiff discovers that the witness works for the insurance company that would have to pay if the defendant loses.
What is a permitted use of insurance evidence under FRE 411?
Simple explanation: The insurance connection may be used to show that the witness could be biased.
A defendant says he was home watching TV when a burglary occurred. His phone records show his phone connected to a tower near the burglarized house at that time.
It makes his claim that he was home less likely to be true.
A defendant is accused of stealing $50 from a register. The prosecutor wants to show the jury disturbing photographs from an unrelated crime because they make the defendant look dangerous.
Answer: What is evidence that should be excluded under FRE 403?
Simple explanation: The evidence has little or no value to this case and creates a major danger of unfair prejudice.
A witness testifies that a defendant has a reputation for being peaceful. On cross-examination, the prosecutor asks whether the witness has heard about a specific fight involving the defendant.
Answer: What is an inquiry into relevant specific conduct on cross-examination under FRE 405?
Simple explanation: Once a character witness testifies, the opposing attorney may sometimes ask about relevant specific acts to test the witness's knowledge.
Immediately after a crash, a driver says, "I ran the red light. I'll pay your hospital bills."
Answer: What is a medical-payment offer that is excluded, with a separate statement that may be admissible?
Simple explanation: "I'll pay your hospital bills" is protected by FRE 409, but "I ran the red light" is not automatically excluded.
During qualifying plea negotiations with the prosecutor, a defendant says, "I'll plead guilty to trespassing, but I'm not pleading guilty to burglary." The negotiations fail and the case goes to trial.
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.
A woman is suing after slipping in a grocery store. Her attorney wants to tell the jury that the store manager recently got divorced.
The manager's divorce has nothing to do with whether the store was responsible for the fall.
Someone wearing a clown mask robbed three banks. Each time, the robber left exactly 11 playing cards arranged in a circle. A defendant is charged with the third robbery, and prosecutors have evidence connecting him to the first two robberies.
Answer: What is other-act evidence potentially admissible to prove identity under FRE 404(b)?
Simple explanation: The extremely unusual pattern could help identify the same person as the robber rather than merely show bad character.
A witness says, "Tyler is a careful driver. I've never known him to be reckless." The attorney argues this proves Tyler always stops at one particular stop sign.
Answer: What is character evidence rather than habit evidence?
Simple explanation: Being "careful" is a broad personality trait. Habit requires a regular, specific response to a repeated situation.
A factory worker is injured by a machine. The company argues that adding a safety guard would have been impossible. After the accident, however, the company installed that exact safety guard.
Answer: What is a possible permitted use of a subsequent remedial measure under FRE 407?
Simple explanation: The later change cannot normally prove negligence, but it may be used to challenge a claim that the safety measure was impossible, if feasibility is disputed.
A defendant pleads guilty to robbery. Unlike a previous example, the plea is never withdrawn. At a later proceeding, the defendant argues that FRE 410 automatically prevents anyone from mentioning the guilty plea.
Answer: What is NOT protected as a withdrawn guilty plea under FRE 410?
Simple explanation: FRE 410 protects a guilty plea that was later withdrawn. It does not create the same general protection for a final guilty plea that was never withdrawn.