Probative Value Flashcards
1
Q
relevance
A
evidence is relevant if:
1. it has any tendency to make a fact more or less probable than it would be without it, AND
2. the fact is of consequence in determining the action
NOTE: relevant evidence is admissible UNLESS another rule or exclusion provides otherwise
2
Q
rule 403 exceptions
A
the court MAY exclude relevant evidence if its probative value is substantially outweighed by a danger of:
- unfair prejudice,
- confusing the issues,
- misleading the jury,
- undue delay,
- wasting time, OR
- being needlessly cumulative
