Relevance

Question 1

Relevance

Answer 1

Evidence is relevant if:
a. It has ANY tendency to make a fact MORE OR LESS PROBABLE than it would be without the evidence, AND
b. The fact is “of consequence”…it does not need to be convincing.

Note: Irrelevant evidence is not admissible

Note 2: This is a low standard; evidence usually comes in

Question 2

Relevance Considerations

Answer 2

Ask:
What purpose or point is the evidence being offered to prove? (question of fact)
- Proponent will say what they are trying to prove
Does the evidence tend to show that point? (question of fact)
- Answered by judge’s intuition
Is that point “of consequence” in this case? (question of law)
- Ex. Elements of a crime or defense.

Question 3

Direct v. Circumstantial Evidence

Answer 3

Direct evidence supports a fact without requiring an inference to be made between the evidence and the fact.

Circumstantial evidence makes a fact more or less probable but requires the fact-finder to make an inference between the evidence and the fact.

Question 4

General Admissibility of Relevant Evidence

Answer 4

Relevant evidence is admissible unless excluded by:
(1) The Constitution,
(2) A federal statute,
(3) Another Federal Rule of Evidence, or
(4) Rules proscribed by the Supreme Court.

Question 5

403 Balancing Test

Answer 5

Test to apply when evaluating challenged evidence.

1. Determine probative value of proffered evidence;
2. Consider: a) unfair prejudice, b) confusing issues, c) misleading jury, d) undue delay, e) wasting time, f) cumulative evidence.
3. Balance probative nature (1) versus considerations (2).

Basically: Court may exclude relevant evidence if its probative value is substantially outweighed by unfair prejudice.

Question 6

Limitations of Relevant Evidence (Balancing Test Considerations)

Answer 6

Limitations on relevant evidence excludes relevant evidence if its probative value is SUBSTANTIALLY outweighed by the danger of:
a. Unfair prejudice
- Evidence is unfairly prejudicial when it creates an undue tendency to suggest a jury reach a decision on an improper basis.
- May also result from the factfinder’s use of evidence admissible for only one purpose for a different, improper purpose.
- May also result from the factfinder’s use of evidence that is admissible against only one party against other parties.
b. Confusing the issue
c. Misleading a jury
d. Undue delay
e. Wasting time
f. Needlessly presenting cumulative evidence
- §403 is not about asking, “do you believe the proponent?”
-> You need to assume the evidence is true and then ask if the probative value is substantially outweighed by one of the dangers.
- This rule favors admissibility

Factors in evaluating unfair prejudice:
- the degree to which the evidence might arouse strong emotions or irrational prejudice,
- whether the jury will misuse or overvalue the evidence,
- the probable effectiveness of limiting instruction on the evidence’s admission,
- whether other means of proof are available, and
- how central the evidence is to the case.

Question 7

Personal Knowledge

Answer 7

The Silent Element

A witness may testify to a matter only if evidence is introduced to support a finding that the witness had personal knowledge of the matter.

You can show personal knowledge through the witness’s testimony.
- Ex. Do you KNOW that Δ beat up plaintiff? Or Did you HEAR Δ beat up plaintiff?

Question 8

§104(a)

Answer 8

Questions of admissibility are questions for the judge, by applying a straight preponderance of the evidence standard, and considering all evidence, admissible and inadmissible, unless it is privileged info.

Question 9

Conditional Relevance

Answer 9

When the relevance of evidence depends on whether a fact exists, questions of admissibility are questions for the judge, by asking whether a reasonable jury could find the conditional fact by a preponderance of the evidence and considering only admissible evidence.

Question 10

Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes

Answer 10

If the court admits evidence that is admissible against a party or for a purpose — but not against another party or for another purpose — the court, on timely request, must restrict the evidence to its proper scope and instruct the jury accordingly.

Question 11

STEP 1: IS IT RELEVANT?

Answer 11

1. Identify the Evidence
   - Expert Witness (702)
   - Lay Opinion Evidence (701) (Rationally based on the witness’s perception)

IF LAY OPINION EVIDENCE ->

2. Relevance - DOES IT MAKE THE FACT IN ISSUE MORE OR LESS LIKELY?
   - No? -> Irrelevant evidence is not admissible
   - Yes? ->

Does witness have PERSONAL KNOWLEDGE?
- No? -> Personal knowledge is required
- Yes? ->

Apply BALANCING TEST?
- Yes? -> Court may exclude relevant evidence if it’s PROBATIVE VALUE IS SUBSTANTIALLY OUTWEIGHED BY UNFAIR PREJUDICE.

Survive balancing test? ->

Does it fall under recognized RELEVANT BUT EXCLUDED rule?
- Subsequent remedial measures
- Compromise offers and negotiations
- Offers to pay medical expenses
- Pleas, plea discussions, and related statements
- Liability insurance