Relevance

Question 1

Definition of Relevance

Answer 1

Evidence is relevant if it has any tendency to make the existence of any fact of consequence to the determination of the action more probable or less probable than it would be without the evidence. In
other words, for evidence to be relevant, it must be:
* Material—that is, the proposition must be “of consequence” in the case (though it does not need to be the ultimate issue); and
* Probative—meaning, the evidence has “any” tendency to make the proposition more or less likely

Question 2

Rule 403 (Court’s Discretion to Exclude Relevant
Evidence)

Answer 2

A trial judge has broad discretion to exclude relevant evidence if its probative value is substantially outweighed by the danger of one or more of the following considerations:
* Danger of unfair prejudice (there is a danger that the jury will decide
the case on an emotional basis)
* Confusion of the issues (the evidence creates a side issue)
* Misleading the jury (there is a danger that the jury will give undue weight to the evidence)
* Undue delay
* Waste of time
* Needless presentation of cumulative (repetitive) evidence

Question 3

occurring under substantially
similar circumstances

Answer 3

prior accidents or injuries caused by the same event or condition and occurring under substantially similar circumstances is admissible to prove: (1) the existence of a dangerous condition, (2) that the dangerous condition was the cause of the present injury, and (3) that the defendant had notice of the dangerous condition (if the other accident occurred before the plaintiff’s accident