Relevance, Counterweights, & social policy

Question 1

When is evidence relevant? (401)

Answer 1

Evidence is relevant if:
* It has any tendency to make a fact more or less likely then it would be without it
* The fact is of consequense in determining the action

Question 2

What is the relevence question?

Answer 2

What fact is at issue? Does the evidence make it more or less likely?

Question 3

When may the court exclude relevant evedince? (403)

Answer 3

If it’s probative value is substantially outweighed by the danger unfair prejudice

Question 4

What kinds of elements cause unfair prejudice in relevance?

Answer 4

• confusing the issue,
• misleading the jury,
• undue delay,
• wasting time, or
• needlessly presenting cumulative evidence

Question 5

What is direct eveidence?

Answer 5

proves the fact in question without need for drawing an inference

Question 6

What is circumstantial eveidence?

Answer 6

must draw an inference to prove a fact at issue

Question 7

What question should you ask when considering circumstantial/direct evidence?

Answer 7

what is this direct/circumstantial evidence of? Which party is introducing it & for what reasons?