Relevance and its Limits

Question 1

When is evidence relevant? (FRE 401)

Answer 1

1. it has probative value AND
2. it is material

Question 2

When is relevant evidence admitted? (FRE 402)

Answer 2

ALWAYS, unless it is otherwise disallowed by the law/rules

Question 3

When will evidence be excluded? (FRE 403)

Answer 3

If it is:
1. Prejudicial
2. Delaying
3. Confusing

Question 4

When is character evidence allowed in trial? (FRE 404(a))

Answer 4

NEVER; Unless:
1. The D in a criminal case “opens the door”
a. D offers personal trait, P may dispute
b. D offers victim’s personal trait, P may dispute OR introduce evidence D has that trait
c. D asserts victim was initial aggressor, P may show victim was peaceful
2. Evidence of witness’ character may be admitted under 604, 608, or 609
3. when character is in issue
a. element of an offense
b. element of defense
c. element of a tort