Relevance Flashcards
Probative
evidence with any tendency to make a fact more or less probable than it would be without the evidence
401 Relevance Requirements
(1) probative value
(2) materiality
Material
the fact is of consequence in determining the action
Conditional Relevance - 104(b)
When the relevancy of evidence depends upon the fulfillment of a condition of fact, the Court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition
Rule 403
Evidence that is otherwise relevant may be barred if the probative value is substantially outweighed by the risk of
- unfair prejudice
- confusing the issues
- misleading the jury
- undue delay
- wasting time
- needlessly presenting cumulative evidence
407
subsequent remedial measures are inadmissible to prove negligence or culpability
408
Compromise offers and negotiations are inadmissible to prove an amount in the claim or impeach a prior inconsistent statement or contradiction
409
Offers to pay medical and similar expenses are inadmissible to prove liability
410
Plea offers are never admissible except when: not made to an attorney of the prosecuting authority; in any proceeding in which another statement during the plea was introduced in consideration of fairness; in criminal proceeding for false statement if the statement was made under oath, on the record and with counsel present