Prejudice, confusion or waste of time Flashcards
Rule 403
Excluding relevant evidence for prejudice, confusion, waste of time + other reasons
Rule 403 balancing test
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.
Rule 403 applies to which FRE?
609(a)(1)(A) + 404(a)(2) and (b)
Probative value can be determined by ____
evidence that makes a material fact more/less likely.
so long as it moves the needle.
403 is an exception to ___ ?
401.
Admit or exclude 609(a)(1)(B)? the probative value + unfair prejudice are even.
Exclude.
has to be substantial!
Admit or exclude under 609(a)(1)(B)? when the unfair prejudice somewhat outweighs probative value.
EXCLUDE.
has to be substantial!
Sanitizing evidence means ?
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.