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.
2
Q
Exam Tip
A
If an evidence Q asks if it is admissible always establish that it is relevant.
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
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.