Relevance Flashcards
Rule 401
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.
Rule 402
All relevant evidence is admissible; irrelevant evidence is not admissible.
Rule 403
Relevant evidence may be excluded if its probative value is substantially outweighed by its: Unfair prejudice Confusing the issues Undue Delay Misleading the jury`
Old Chief
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.
Rule 104(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.
Rule 104(b)
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.