Relevance Flashcards
What does it mean for evidence to be relevant?
Evidence must be relevant to be admitted, meaning:
(1) It has any tendency to make a fact more or less probable than it would be without the evidence (i.e. probative); and
(2) The fact is of consequence in determining the action (i.e. material)
Probative Value
Probative value is any tendency to make a fact more or less likely/probable than it would be without the evidence.
Materiality
Something is material if it is of consequence in determining the action.
When is relevant evidence not admissible under Rule 403?
Relevant evidence may be excluded if its probabtive value is substantially outweighed by the risk of:
(1) Unfair prejudice;
(2) Confusion of the issue;
(3) Misleading the jury;
(4) Undue delay/wasting time;
(5) Needlessly presenting cumulative evidence.
Judge must weigh probative value vs. the possible detrimental effect; close calls mandate admissibility
Courts give consideration to narrative relevance