Prejudice, confusion or waste of time

Question 1

Rule 403

Answer 1

Excluding relevant evidence for prejudice, confusion, waste of time + other reasons

Question 2

Rule 403 balancing test

Answer 2

relevant evidence will be inadmissible if its probative value is substantially outweighed by unfair prejudice, confusing the issues, misleading the jury, delay or waste time or is too cumulative.

Hint* if more bad then good - exclude; more good than bad-admit.

Question 3

Rule 403 applies to which FRE?

Answer 3

609(a)(1)(A) + 404(a)(2) and (b)

Question 4

Probative value can be determined by ____

Answer 4

evidence that makes a material fact more/less likely.

so long as it moves the needle.

Question 5

403 is an exception to ___ ?

Answer 5

401.

Question 6

Admit or exclude 609(a)(1)(B)? the probative value + unfair prejudice are even.

Answer 6

Exclude.

has to be substantial!

Question 7

Admit or exclude under 609(a)(1)(B)? when the unfair prejudice somewhat outweighs probative value.

Answer 7

EXCLUDE.

has to be substantial!

Question 8

Sanitizing evidence means ?

Answer 8

the evidence has more probative value but also includes portions that are prejudicial.

the court will redact the prejudicial portions and maintain the probative value.