Relevancy, Policy, & Character Trait Proof

Question 1

Rule 403 allows the exclusion of otherwise relevant evidence if its…

Answer 1

probative value is substantially outweighed by:
1. The danger of unfair prejudice;

2. Its likelihood of confusing or misleading the trier of fact; or
3. It is needlessly cumulative.

Question 2

Relevant evidence means any evidence…

Answer 2

having tendency to make the existence of any fact in issue more probable or less probable than it would be without evidence.

Question 3

(TRUE/FALSE): Nonrelevant evidence is never admissible.

Answer 3

TRUE.

Question 4

The relevancy threshold, if met, creates a presumption…

Answer 4

of admissibility, unless some rule requires that it be exluded.

Question 5

“Habit” evidence can be allowed to prove…

Answer 5

conformity with such habit.

Question 6

Are offers and responses concerning settlement or compromises admissible?

Answer 6

No - not regarding that issue.

E.g., if someone offered to divide the marital estate unequally in the other party’s favor, that offer cannot be offered to the court as evidence that the estate should be divided unequally in the other party’s favor.

Question 7

The court may, however, admit evidence of settlement/compromise offers for other purposes, such as…

Answer 7

proving a witness’s bias or prejudice or negating a contention of undue delay.