Relevance

Question 1

Relevance

Answer 1

FRE 402- relevant evidence is evidence intended to make any piece of evidence more or less likely. Evidence must be both material and probative.

Question 2

Material

Answer 2

the relationship between an item of evidence and disputed facts that are of consequences to the determination of the action

Question 3

Probative

Answer 3

The evidence tends to prove or disprove the proposition. There must be a logical connection between the evidence and the proposition.

If the evidence is probative for 2 separate purposes, the judge may give a limiting instruction.

Question 4

Credibility

Answer 4

Credibility to a witness is always material. Any matter that has any tendency in reason to prove or disprove the truthfulness of his testimony.

• failure of perception, failure of recollection or eros in testimony

Question 5

Stipulation/Admission

Answer 5

prosecution/plaintiff no longer has to prove you did the thing if you admit to it or stipulate to it

stipulation to fact- binding
stipulation to evidence- not binding