Relevance

Question 1

RELEVANCE

Answer 1

Only relevant evidence may be admitted.

Question 2

FRE Evidence Relevance

Answer 2

Evidence is relevant if it has any tendency to prove or disprove a material fact.

Question 3

CEC Evidence Relevance

Answer 3

Evidence is relevant if it tends to be material to a disputed fact.

Question 4

Legal relevance exclusion

Answer 4

Otherwise relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or wasting time. (FRE 403; CEC 352)

Question 5

California Proposition 8

Answer 5

California Proposition 8 provides that in criminal trials in California state courts, all relevant evidence is admissible, even if objectionable under the CEC, subject to a few special exemptions. (Cal. Const. Amend., 1982, “Victims’ Bill of Rights.”)

Question 6

When do rules of evidence NOT apply?

Answer 6

1. Preliminary questions of fact;
2. Grand jury proceedings;
3. Extradition or search warrant proceedings;
4. Bail hearings;
5. Administrative proceedings