Prejudice, confusion or waste of time Flashcards

1
Q

Rule 403

A

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

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2
Q

Rule 403 balancing test

A

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.

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3
Q

Rule 403 applies to which FRE?

A

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

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4
Q

Probative value can be determined by ____

A

evidence that makes a material fact more/less likely.

so long as it moves the needle.

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5
Q

403 is an exception to ___ ?

A

401.

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6
Q

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

A

Exclude.

has to be substantial!

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7
Q

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

A

EXCLUDE.

has to be substantial!

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8
Q

Sanitizing evidence means ?

A

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.

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