Relevance and Materiality

Question 1

Describe Relevance

Answer 1

● Does it make the proposition for which it was tendere more probable than the position would be without the evidence?
○ Can be relevant for more than one issue
● Policy: focus, efficiency.
● Relevant evidence can still be excluded under a rule of law or if prejudicial effect > probative value

Question 2

Describe Materiality

Answer 2

Materiality
● Is the evidence directed to a matter in issue
● Primary Materiality: does it matter by reference to pleadings, substantive law, or procedural rules
● Secondary Materiality: helps evaluate quality or reliability of evidence with primary materiality

Question 3

What are the five types of prejudice

Answer 3

● Prejudicial effect: how likely is it that the jury, properly instructed, will still use the evidence for an improper purpose (more than just unfavourable evidence to a party). Five types of prejudice:

1. Arouses jurys emotions of hostility, sympathy, prejudice
2. Creates a side issue
3. Takes undue time
4. Unfair surprise to opponent
5. Danger that it is presented in a form as to usurp the function of a jury

Question 4

Describe the Residual Discretion To Exclude

Answer 4

Is the probative value of evidence overcome by prejudicial effect?
● Probative value: if used for a legit purpose, how important will this evidence be to the jury’s reasoning
● Prejudicial effect: how likely is it that the jury, properly instructed, will still use the evidence for an improper purpose (more than just unfavourable evidence to a party). Five types of prejudice:
1. Arouses jurys emotions of hostility, sympathy, prejudice
2. Creates a side issue
3. Takes undue time
4. Unfair surprise to opponent
5. Danger that it is presented in a form as to usurp the function of a jury

Threshold for excluding evidence called by defence:
Prejudicial effect SUBSTANTIALLY outweighs probative value
○ Civil cases usually more relaxed
○ seaboyer/ sexual assault evidence of prior consensual sexual conduct only where has probative value on an issue in trial that is not substantially outweighed by unfair prejudice (unless used to prove consent or credibility)

Question 5

Threshold for excluding evidence called by defense

Answer 5

Prejudicial effect SUBSTANTIALLY outweighs probative value (more relaxed in civil than crim)