Relevance: General Principles

Question 1

401

Answer 1

Evidence is relevant if:
(a) it has any tendency to make a fact more or less probable than it would be without the evidence; and
(b) the fact is of consequence in determining the action

Question 2

402

Answer 2

Relevant evidence is admissible unless any of the following provides otherwise:

• the United States Constitution
• a federal statute
• these rules; or
• other rules prescribed by the Supreme Court

Irrelevant evidence is not admissible

Question 3

104(a)

Answer 3

In General. The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege

Question 4

104(b)

Answer 4

Relevance That Depends on a Fact. When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence on the condition that the proof be introduced later.

Question 5

104(c)

Answer 5

Conducting a Hearing So That the Jury Cannot Hear It. The court must conduct any hearing on a preliminary question so that they jury cannot hear it if:
(1) the hearing involves the admissibility of confession;
(2) a defendant in a criminal case is a witness and so requests; or
(3) justice so requires.

Question 6

104(d)

Answer 6

Cross-Examining a Defendant in a Criminal Case. By testifying on a preliminary question, a defendant in a criminal case does not become subject to cross-examination on other issues in the case.

Question 7

104(e)

Answer 7

Evidence Relevant to Weight and Credibility. This rule does not limit a party’s right to introduce before the jury evidence that is relevant to the weight or credibility of other evidence

Question 8

403

Answer 8

The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

Question 9

Material evidence

Answer 9

E that bears on a fact and is of consequence to the determination of the action

Question 10

Ballard Relevance of Flight Test: 4 Required Inferences

Answer 10

(1) D’s behavior is flight
(2) flight is consciousness of guilt
(3) consciousness of guilt is for this crime
(4) consciousness of guilt for this crime means actual guilt

Question 11

United States v. James

Answer 11

Mom gave daughter gun to kill V
V was an abuser with criminal record
Evidence of V’s crimes were relevant to show motivation and justification of self-defense

Question 12

Cox v. State

Answer 12

D murders guy after friend is charged with raping his daughter
E: bond hearing that D may or may not have known about
Holding: 104(b) allows this as long as there is enough E for a reasonable jury to make the finding on facts before them
Preponderance of Evidence standard is very low bar

Question 13

State v. Bocharski

Answer 13

murdered old neighbor to put her out of her misery
E: 6 gruesome and inflammatory pics, last 2 have rods through holes to show stabbing
AC: last 2 should’ve have been allowed (harmless error)
give deference to judge to choose what juries can and can’t handle

Question 14

Commonwealth v. Serge

Answer 14

CGI after cop shot wife
Relevant and passed 403
3 part test:
(1) accuracy – no prejudicial features, authenticated by witness before admitted
(2) Cost – least weight
(3) Persuasion – jury instruction

Question 15

United States v. Meyers

Answer 15

several bank robberies by D
Ballard Test (4 flight inferences)
if it doesn’t meet all requirements, don’t allow