Review the Evidence Code Sections 401, 402, and 403, and then analyze the following three questions. Post your answers below.
1. In a personal injury accident for negligence arising out of a car accident, plaintiff seeks to put on a witness who will testify that he saw the defendant speeding and recklessly passed him about 10 miles up the road from where the accident eventually occurred. Is this evidence relevant under Rule 401?
2. Suppose the judge in question "1" strongly suspects that the witness is lying. May the judge exclude the evidence as being irrelevant?
3. Plaintiff’s deceased was a passenger in a car that was hit from behind. The gas tank exploded, killing the deceased. Plaintiff brings a products liability action against the manufacturer for negligence in design of the car. The person who caused the accident pleaded guilty to involuntary manslaughter, and has admitted to going about 68 mph while texting on the freeway. Should evidence of the faulty driver’s guilty plea be admissible in the civil action?
Now post your work.