Relevance

Question 1

Basic Objective of Relevance:

Answer 1

The Federal Rules of Evidence regarding relevance aim to focus the parties and the jury on the crime charged or the civil claim at issue.

Question 2

Relevance Rule 401 - “The Test”

Answer 2

“Evidence is relevant if:

(a) it has any tendency to make a fact more or less probable than it would be without the evidence.
(b) The fact is of consequence in determining the action.”

Question 3

Relevance Rule 402 - “General Admissibility”

Answer 3

"Relevant evidence is admissible unless barred by: 
   (a) The Constitution; 
   (b) A statute; 
   (c) The Federal Rules of Evidence
   (d) Other SCOTUS Rules; 
Irrelevant evidence is inadmissible."

Question 4

Relevance Rule 403 - “The Exclusion”

Answer 4

“Even if relevant, evidence can be excluded if its probative value is substantially outweighed by:

(a) Unfair prejudice;
(b) Confusing the issue;
(c) Misleading the jury;
(d) Undue delay;
(e) Wasting time, or
(f) Needlessly presenting cumulative evidence.”

Question 5

The Relevance Test from 401:

Answer 5

Step 1: Probative - “Apparent Probability” or Evidence having ANY TENDENCY to make more or less probable
+
Step 2: Material - “Of Consequence” or A fact of consequence to the action
=
Relevancy

Question 6

What does Probative from Rule 401 mean?

Answer 6

Evidence is probative if we can say that the apparent probability of the defendants guilt or liability is now greater than before the evidence was received.

Question 7

What does Material from Rule 401 mean?

Answer 7

A fact is of consequence if it relates to: An element of a criminal charge, civil claim, or defense or, theory of the prosecution or defense.

Question 8

What is an “En Banc Rehearing?”

Answer 8

En banc rehearing is reserved for appeals in which the three-judge panel decision conflicts with a Supreme Court decision or another Circuit decision or the case presents an issue of exception importance.

Question 9

Federal Rules of Evidence 104(b): Conditional Relevance

Answer 9

1) Evidence is relevant conditioned upon the existence of certain other facts.
2) When relevance depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist.
(a) Requires sufficient evidence such that a jury could find by a preponderance of the evidence that the fact exists.
(b) The court may admit the proposed evidence on the condition that the proof be introduced later.

Question 10

401/ 403 Sliding Scale Analysis:

Answer 10

401 Analysis:

(a) What is the probative value of the evidence?
(b) Does the evidence advance the resolution of contested issues?

403 Analysis:
(a) If the evidence does not address contested issues or if it probative value is low, then the unfair prejudice, even if less “substantial” may still warrant exclusion.

If the probative value does not outweigh the potential of unfair prejudice, then the evidence will not be allowed in, even if relevant.

Question 11

Rule 403: Excluding Relevant Evidence

Answer 11

The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of:

1) Unfair prejudice;
2) Confusing the issues;
3) Misleading the jury;
4) Undue Delay;
5) Wasting Time;
6) Needlessly presenting cumulative evidence.

Question 12

Demonstrative Evidence

Answer 12

Demonstrative Evidence is evidence - often in the form of a visual aid or object - used to help a witness demonstrate or illustrate oral testimony.

Question 13

What is required for demonstrative evidence to be admitted?

Answer 13

1) It must be a fair and accurate representation of what actually occurred;
2) It must be relevant under 401 and 402;
3) It must pass the 401/403 sliding scale analysis (ie it must have a probative value that is not outweighed by the danger of unfair prejudice under rule 403).

Question 14

What are the only limits on the use of demonstrative evidence?

Answer 14

The trial judge’s discretion and the trial attorney’s imagination.