Legal Relevance Flashcards
1
Q
II. B. Legal Relevance
A
Definition = Probative Value> Unfair Prejudice –
Court decides whether to exclude relevant evidence whose probative value is Substantially outweighed by the danger of unfair prejudice.
2
Q
Unfair Prejudice
A
- Emotionally disturbing evidence
- Same Evidence both Admissible & Inadmissible
3
Q
Judicial Notice
A
Process of establishing facts as true without presenting any evidence.
- Facts not subject to reasonable dispute
- generally known
- capable of accurate and ready determination
4
Q
Proper Procedures for Judicial Notice
A
- Mandatory if Requested
- Discretion of the court if not requested
- At any stage of proceeding
- Conclusive?
- Civil= Yes- jury must accept because judicial notice is conclusive in civil cases
- Criminal = N0- but satisfies the burden of proof
