We pick up with Habit and Routine Practice and Question # 40 and working through the remainder of the problems. To clarify something: FRE 403 is an automatic part of the habit analysis, as the courts ensure that habit is not defined so broadly as to undermine FRE 404(b)(1).
We move to Policy-Based Exclusions. For Monday, prep FRE 407--Problems 45-46, and CS § 4.1-4.2; for Tuesday, prep the entire section. Each of these exclusions can be justified as improving the truth-finding process and as serving public policies extraneous to litigation; identify both rationales for each of these rules. Consider the role FRE 403 plays in each of these. Consider how FRE 407 applies in the following products-liability cases:
π purchases a product in 2020; the accident occurs in 2021; the company redesigns the produc in 2022.
π purchases a product in 2020; the company changes the product in 2021; the accident occurs in 2022.
π purchases the product in 2020; the accident (caused by defects in the steering system) occurs in 2021; the company redesigns the braking system in 2022.
