Relevance (Ch. 6)

Question 1

What is the purpose of the “relevancy” requirement?

Answer 1

1. limits amount of time devoted to the cases

2. focuses jurors on the fact the law deems important

Question 2

relevance

Answer 2

evidence is relevant if it has any tendency to make a fact of consequence more or less probable

• LOW threshold
• fact doesn’t have to be in dispute to be relevant - see stipulations and Old Chief

Question 3

ultimate facts

Answer 3

the elements of a claim, based on the substantive law

Question 4

facts of consequence

Answer 4

The facts that matter when we are trying to prove each element

Question 5

facts in evidence

Answer 5

prove facts of consequence WITH facts of evidence

Question 6

What can exclude relevant evidence?

Answer 6

1. the United States Constitution
2. a federal statute
3. FRE
4. other rules prescribed by the Supreme Court

Question 7

Can you stipulate to a fact in an effort to keep the details out of court?

Answer 7

No, generally, the prosecution has a right to prove its case as it wants to, but there are 403 limits. See Old Chief

Question 8

Johnny Lynn Old Chief - Case

Answer 8

I: defendant didn’t want content of prior felony revealed in a felon in possession of a gun case
SCOTUS: if the criminal record met the test for relevance, the prosecution generally gets to try its case the way it wants to

Question 9

Attempts to avoid capture (flight), relevant?

Answer 9

Yes, generally

Question 10

Unrelated misdeeds, relevant?

Answer 10

May be excluded b/c the evidence is too far removed from the dispute in

1. time
2. space, or
3. other respects (evidence of race discrimination in an age discrimination case)

Question 11

Negative evidence (do did NOT bark), relevant?

Answer 11

Frequently excluded

Question 12

Hindsight, relevant?

Answer 12

Courts try to eliminate the effects of hindsight

*often seen in deadly force cases

Question 13

Opening the door, relevant?

Answer 13

Likely yes