Relevance Flashcards

1
Q

Probative

A

evidence with any tendency to make a fact more or less probable than it would be without the evidence

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1
Q

401 Relevance Requirements

A

(1) probative value
(2) materiality

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2
Q

Material

A

the fact is of consequence in determining the action

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3
Q

Conditional Relevance - 104(b)

A

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

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4
Q

Rule 403

A

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

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5
Q

407

A

subsequent remedial measures are inadmissible to prove negligence or culpability

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6
Q

408

A

Compromise offers and negotiations are inadmissible to prove an amount in the claim or impeach a prior inconsistent statement or contradiction

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7
Q

409

A

Offers to pay medical and similar expenses are inadmissible to prove liability

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8
Q

410

A

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

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