Relevance Flashcards

1
Q

Rule 401

A

Evidence is relevant if:
It has any tendency to make a fact more or less probable than it would be without the evidence; and
The fact is of consequence in determining the action.

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2
Q

Rule 402

A

All relevant evidence is admissible; irrelevant evidence is not admissible.

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3
Q

Rule 403

A
Relevant evidence may be excluded if its probative value is substantially outweighed by its:
Unfair prejudice 
Confusing the issues
Undue Delay
Misleading the jury`
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4
Q

Old Chief

A

The defendant, a felon, was charged with unlawful possession of a firearm. Evidence describing the nature of his prior conviction was not admissible because the defendant agreed to stipulate that he was a felon. The probative value of informing the jury of the exact nature of his conviction was substantially outweighed by the evidence’s prejudicial effect.

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5
Q

Rule 104(a)

A

The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege.

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6
Q

Rule 104(b)

A

When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence on the condition that the proof be introduced later.

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