(1) Evidence: Relevance

Question 1

General Rule

Relevance

Overview

Answer 1

Logical Relevance
Legal Relevance
CA Proposition 8

Question 2

FRE & CA Rule:

Logical Relevance

Answer 2

Evidence is logically relevant if (1) it has a tendency to make a fact more or less probable than it would be without the evidence; AND (2) the fact is of consequence in determining the action (i.e., material)

– In CA the fact of consequence must be in dispute.

Question 3

Legal Relevance

Answer 3

Evidence is legally relevant if its not excluded (1) on other policy grounds (i.e. policy exclusions); AND (2) under FRE 403/CEC 352.

Question 4

California Proposition 8

Answer 4

Under proposition 8 of the CA constitution, all relevant evidence is admissible in a criminal trial. However, it is still subject to CEC 352 (whether the probative value is substantially outweighed by the risk of unfair prejudice, confusion of issues, misleading the jury, or being needlessly cumulative).

Question 5

Hint: Rule is the same for both

FRE 403/CEC 352

CA Proposition 8

Answer 5

FRE 403/CEC 352 Rule: Court may exclude relevant evidence if its probative value is substantially outweighed by a danger of (a) unfair prejudice; (b) confusing the issues; (c) misleading the jury; (d) undue delay; (e)wasting time; or (f) being needlessly cumulative.

Question 6

When is evidence unfairly prejudicial?

Answer 6

Evidence is unfairly prejudicial when the evidence is (1) unnecessary; AND (2) might cause the jury to improperly sympathize or dislike a party.

Question 7

What does CA Proposition 8 NOT affect?

Answer 7

Proposition 8 doesn’t affect (1) exclusionary rule; (2) the best evidence rule/secondary evidence rule; (3) hearsay exclusions; (4) privilege exclusions; (5) evidence barred under rape-shield statutes; (6) limits on prosecution from offering specific character evidence (prior to the D opening the door).