Relevance

Question 1

Test for Relevant Evidence (401)

Answer 1

2 Part test:
1. Evidence must make a fact more or less probable, AND
2. The fact must be a fact of consequence

Question 2

General Admissibility (402)

Answer 2

“Relevant evidence is admissible, unless any of the following provides otherwise:
1. the United States Constitution;
2. a federal statute;
3. these rules; or
4. other rules prescribed by the SCOTUS.

(Irrelevant evidence is not admissible)

Question 3

Conditional Relevance (104(b))

Answer 3

Governs “when the relevance of evidence depends on whether a fact exists”

In that circumstance, the court must condition admission on the presentation (or promise) of other evidence “sufficient to support a finding that the fact does exist”

The court must examine all evidence in the case and decide whether the jury could reasonably find the conditional fact exists “sufficient to support a finding by a reasonable juror”

Question 4

Reasons to Exclude Relevant Evidence (403)

Answer 4

The court may exclude relevant evidence if its probative value [PV] is substantially outweighed by a danger of one or more of the following:
1. unfair prejudice [DOUP],
2. confusing the issues,
3. misleading the jury,
4. undue delay,
5. wasting time, or
6. needlessly presenting cumulative evidence