Relevancy Flashcards

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1
Q

Evidence is relevant if:

What is teh Test for Relevant Evidence (Rule 401)

A
  1. it has any tendency to make a fact more or less probable than it would be without the evidence; and
  2. the fact is of consequence in determining the action.
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2
Q

When is relevant evidence admissable?

A
  1. All relevant evidence is admissible, unless excluded by the Constitution, Congress, FRE, or other SCOTUS rule
  2. Evidence that is NOT relevant is NOT admissible.
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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

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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

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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

  1. the danger of unfair prejudice,
  2. confusion of the issues;
  3. misleading the jury;
  4. considerations of undue delay;
  5. waste of time; or
  6. needless presentation of cumulative evidence
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