Relevance

Question 1

Relevance in Federal Court

Answer 1

FRE 402 — all relevant evidence is admissible unless stated by the federal constitution, statutes, or these rules

FRE 401 — evidence is relevant if it has any tendency to make a fact more or less probable than without the evidence and that fact is of consequence in determining the action

Question 2

Prop 8 Rule

Answer 2

Applies in any criminal CA case

Article 1, Section 28(f)(2) of the California Constitution is known as the truth in evidence provision, which states that all relevant evidence must be admissible in a criminal proceeding.

This rule does not have an effect on the rules excluding hearsay, character evidence, or the judge’s discretion to exclude relevant evidence under 352.

Question 3

Relevance in CA

Answer 3

CEC 351 states that all relevant evidence is admissible. CEC 350 states that no evidence is admissible unless it is relevant.

CEC 210 states that relevant evidence is any evidence relevant to the credibility of a hearsay declarant or witness, having any tendency to prove a fact more or less probable and that fact is of consequence of determining the action.

Question 4

403/352

Answer 4

A court may exclude relevant evidence if its probative value is substantially outweighed by (a) unfair prejudice, (b) confusing the issues/misleading the jury, (c) creating an undue delay, wasting time, or needlessly presenting cumulative evidence