Relevance Flashcards
Rule 402
Admissibility of relevant evidence
Test for relevancy [2 steps]
Evidence is relevant if:
- It has any tendency to make a fact more or less probable than it would be without the evidence; and
- The fact is of consequence in determining the action.
To make more or less probable means ?
Evidence can be relevant even if it does not conclusively establish any fact on its own.
Of consequence means?
Facts that matter under the law when resolving a particular dispute.
T/F: Evidence of consequence establishes a element or defense of the crime.
TRUE.
Relevance depends on the ___ ___ underlying the case.
legal theory/themes
General themes are
opening the door + negative evidence
opening the door means
irrelevant evidence becomes relevant during trial.
Used to rebut claims or witness testimony
T/F: If the underlying legal theory is rejected by the judge, the attorney may still used evidence related to that theory.
FALSE.