Relevancy Flashcards
1
Q
Evidence is relevant if:
What is teh Test for Relevant Evidence (Rule 401)
A
- it has any tendency to make a fact more or less probable than it would be without the evidence; and
- the fact is of consequence in determining the action.
2
Q
When is relevant evidence admissable?
A
- All relevant evidence is admissible, unless excluded by the Constitution, Congress, FRE, or other SCOTUS rule
- Evidence that is NOT relevant is NOT admissible.
3
Q
What is logical relevance? (Rule 401)
A
Evdience is logically relevant,
if if has some logical tendency,
to prove or disprove a fact of consequence
4
Q
What is legal relevance? (Rule 403)
A
In order for evidence to be legally relevant,
it must be actually helpful to deciding the case
5
Q
When is relevant evdience excluded?
(Rule 403 Balancing Test)
A
Relevant evidence may be excluded if the probative value is SUBSTANTIALLY outweighed by
- the danger of unfair prejudice,
- confusion of the issues;
- misleading the jury;
- considerations of undue delay;
- waste of time; or
- needless presentation of cumulative evidence