Inference; Probative Value; Prejudice

Question 1

What is the test for relevant evidence under Rule 401?

Answer 1

(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

When is relevant evidence not admissible?

Answer 2

If any of the following provides otherwise:

• the United States Constitution;
• a federal statute;
• these rules; or
• other rules prescribed by the Supreme Court. Rule 402.

Question 3

When can the court exclude relevant evidence?

Answer 3

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. Rule 403.