Relevance Flashcards
When is evidence relevant?
If it has any tendency to make a fact more or less probably, and the fact is of consequence in determining the action. Low bar.
When should a determination on relevance be made?
It should be the first thing you do
True or False: the relationship between the evidence and fact at issue need only be slight for it to be relevant
True
What are the two types of relevance and what do they mean?
Legal-probative value to case
Logical-connection to another fact to make more or less likely
Irrelevant evidence is —
Inadmissible
Relevant evidence will come in unless
A federal rule, SC rule, the Constitution, or a statute provides otherwise
Rule 403 defined
Relevant evidence MAY be excluded if its probative value is SUBSTANTIALLY OUTWEIGHED by the danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence
True or False: Under rule 403, the evidence may be excluded if its probative value is outweighed by one or more counterweights
False. The probative value must be SUBSTANTIALLY outweighed
What indicates that something is unfairly prejudicial?
It causes the jury to decide on grounds that are inappropriate, such as emotional grounds
True or False: Argue every counterweight under Rule 403
False. Never do this. Beckman would get mad
When should a 403 analysis be undertaken
At the end. It should always be done for class, even if evidence already excluded.
May a court make preliminary findings as to witness qualification, privilege, or admissibility
Yes, rule 104 allows, and the court is not bound by evidence rules, except privilege
Reverse balancing test: what is it and what rules does it occur
Under reverse balancing, presumed inadmissible, and probative value must substantially (or otherwise) outweigh. It’s in rules 412, 609, 703
