Relevance Flashcards

1
Q

What does it mean for evidence to be relevant?

A

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)

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2
Q

Probative Value

A

Probative value is any tendency to make a fact more or less likely/probable than it would be without the evidence.

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3
Q

Materiality

A

Something is material if it is of consequence in determining the action.

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4
Q

When is relevant evidence not admissible under Rule 403?

A

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

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