Relevancy and its Limits Flashcards

1
Q

Evidence is Relevant if

A
  • It has a tendency to make any fact more or less probable and
  • Said fact is of consequence in determining the action.
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2
Q

Exam Tip

A

If an evidence Q asks if it is admissible always establish that it is relevant.

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3
Q

General Admissibility of Relevant Evidence (FRE 402)

A

Relevant evidence is generally admissible unless prohibited by:

  • The U.S. Const.
  • A federal statute
  • FRE
  • Other rules prescribed by SC
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4
Q

FRE 403 (Balancing approach)

A

The court may exclude relevant evidence if its probative value is substantially outweighed by:

  • Unfair prejudice
  • Undue delay
  • Confusing the issues
  • Wasting time
  • Misleading the jury
  • Needlessly presenting cumulative evidence.
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