Evidence 1

Question 1

Relevance

Answer 1

Evidence is relevant if it is both – Probative and material

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.”

Question 2

Undue Prejudice

Answer 2

unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence

Federal Rule 403 sets out the grounds on which a court may exclude relevant evidence as unduly prejudicial. It provides: “The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.”

Question 3

Authentication

Answer 3

The item is what the proponent claims it is.

Rule 901(a) lays out the general principles of authentication. It provides: “To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.”

Question 4

Ways to Authenticate – examples

Answer 4

a. witness testimony
b. handwriting testimony: “A nonexpert’s opinion that handwriting is genuine, based on a familiarity with it that was not acquired for the current litigation.”
c. Handwriting expert
d. “appearance, contents, substance, internal patterns, or other distinctive characteristics of the item, taken together with all the circumstances,”
e. in a condition that creates no suspicion about their authenticity; were in a place where, if authentic, they would likely be; and are at least 20 years old when offered.

Question 5

Character Evidence

Answer 5

“Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.”

“Evidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.”

Question 6

Character for another purpose

Answer 6

Evidence of a crime, wrong, or other act may be admissible for another purpose, such as
proving motive
opportunity
intent
preparation
plan
knowledge
identity
absence of mistake, or
lack of accident.