Fundamental Rule

Question 1

What’s the fundamental structure for the admissibility of evidence?

Answer 1

1) The evidence must be relevant
2) There must not be any independent exclusionary rules prohibiting the admission of the evidence
3) The probative value of the evidence must outweigh its prejudicial effect

Question 2

What are the two categories of relevance?

Answer 2

1) Legal relevance
- relevant in proving the elements of the law (to the underlying dispute)
driven by nature of proceedings -> what has to be proved by the party?

2) Factual relevance
-relevant as a matter of logic, common sense, and human experiences