Relevance Flashcards

1
Q

Rule 402

A

Admissibility of relevant evidence

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2
Q

Test for relevancy [2 steps]

A

Evidence is relevant if:

  1. It has any tendency to make a fact more or less probable than it would be without the evidence; and
  2. The fact is of consequence in determining the action.
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3
Q

To make more or less probable means ?

A

Evidence can be relevant even if it does not conclusively establish any fact on its own.

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4
Q

Of consequence means?

A

Facts that matter under the law when resolving a particular dispute.

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5
Q

T/F: Evidence of consequence establishes a element or defense of the crime.

A

TRUE.

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6
Q

Relevance depends on the ___ ___ underlying the case.

A

legal theory/themes

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7
Q

General themes are

A

opening the door + negative evidence

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8
Q

opening the door means

A

irrelevant evidence becomes relevant during trial.

Used to rebut claims or witness testimony

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9
Q

T/F: If the underlying legal theory is rejected by the judge, the attorney may still used evidence related to that theory.

A

FALSE.

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