Evidence I-General admissibility

Question 1

Define relevance

Answer 1

Relevant evidence is evidence having ANY tendency to make the existence of any fact that is of consequence to the determination of an action more probable or less probable than it would be without the evidence. This is a fairly easy bar to meet–Ask yourself: “What proposition is the evidence being used to prove? Is this a material issue in the case? Is the evidence probative of that proposition?”

Evidence I-General Admissibility

Evidence>Definition of Relevance (I.B.1)
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Question 2

Generally, what is the law of evidence?

Answer 2

The law of evidence is a system of rules and standards by which the admission of proof at a trial is regulated.

Evidence I-General Admissibility

Evidence>Defining Evidence Law (I.A)
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Question 3

Is all relevant evidence admissible?

Answer 3

Yes, all relevant evidence will be admitted UNLESS it violates some exclusionary rule of evidence or federal law.

Evidence I-General Admissibility

Evidence>Admissibility of Relevant Evidence (I.B)
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Question 4

All evidence must be _____ to be admissible.

Answer 4

Relevant

Evidence I-General Admissibility

Evidence>Admissibility of Relevant Evidence (I.B)
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Question 5

in limited admissibility, how can evidence be “admissible against one party but not another”?

Answer 5

evidence can be admissible against one party but not admissible against another party.
ex.- admission of committing the accident may be used against a driver, but not against an employer who owned the truck

Evidence I-General Admissibility

Evidence>Introduction (I.C.2)
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Question 6

in limited admissibility, how can evidence be “admissible for one purpose but not another”?

Answer 6

evidence can be admissible to be used for one purpose and not another.
ex.- evidence may be used to impeach the credibility of testimony but not on the issue of a defendant’s guilt

Evidence I-General Admissibility

Evidence>Introduction (I.C.1)
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Question 7

what is considered “discretionary exclusion of relevant evidence” (Rule 403)?

Answer 7

the trial judge has broad discretion to exclude relevant evidence if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, undue delay, waste of time, or needless presentation of cumulative evidence

Evidence I-General Admissibility

Evidence>Introduction (I.B.2)
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