Civil Case Procedures Worksheet

Read the simulation below and then answer Parts I and II on Civil Law Procedures. Plaintiff Jane Lope is suing defendant John Canyon for a traffic collision that occurred on Camelback Rd. and 35th Ave. in Phoenix, Arizona several months ago. There were many witnesses to the collision, including video footage from a traffic camera at the intersection. Part I – Relevant Evidence Rule 401 of The Federal Rules of Evidence (2011) provides the following: “Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action.” The states tend to have definitions substantially like FRE 401. In 200-250 words, using the information provided in the short paragraph above, describe the relevant evidence you would gather in preparation for possible litigation. Why does the evidence have a tendency to make a fact more or less probable, and why would the evidence be of consequence to the action (i.e., lawsuit)?