Relevant Evidence Flashcards
E - Relevant E - Elements (2) + relation w/admissibility
- Probative Value
- Materiality
- Relevant is not = to admissibility - use of Balance Test
E - Relevant E - Limited Admissibility Rule
- FRE 105
- E can be admissible for one purpose but not for the other
- Controlled by judge via limiting instruction to jury
- i.e. use of prior conviction to porve D as a criminal type, BUT it canbe admisted if D testifies as W
E- Relevant E - Probative Value / characteristics
- w/ SIGNIFICANT TENDENCY to make existence of fact more or less probable than w/o E
- Doesnt have to independent have value by itself, it can also be in relatio to others
- Ok even if circumstantial
E- Relevant E - Materiality / characteristics
E has some consequence in determination of action (relates with applicable substantive law)
- “bears directly on fact at issue”
E- Relevant E - Materiality - Collateral Material Evidence Rule
EXCLUDED
- bc they are unconnected facts to the the matter
- if W examined on them his responses are binding to party, no chance of 2nd W on issues
E - Relevant E and Admissibility - BALANCE TEST
- Relevancy doesnt grant admissibility
- BALANCE TEST: excluded if probative value and need for E is outweighted by MUUC elements (dange ro funfair prejudice, confusion or undue dealy)
E - Relevant E - Examples of Relevant AND Admissible E (3)
- Undisputed E
- Conduct suggesting guilt
- When rebutted from irrelevant for P’s case to relevant to D’s case
E - Relevant E - Examples to Relevant BUT inadmissible (2)
1) E of past occurrence to show N pattern
* UNLESS for narrower purposes as defined by jury instructions when in substantial similar circumstance
2) Similar contracts to make showing on other contract
* UNLESS for limited purpose of showing definition of term, industry/trade uses, past course dealings
E - Eclusion of relevant Evidence - MUUC factors for balance test (4)
- Marginally Relevant
- Unfair prejudice
- Unproductive E
- Confusion
E - Eclusion of relevant Evidence - MUUC factors - Marginally Relevant / concept, i.e.
- Bc the limited relevancy is outweighted by the prejudice
- i.e. mere fact of prior conviction is element of crime presently charged, i.e. crime of owning a gun whith prior felony conviction)
E - Eclusion of relevant Evidence - MUUC factors - Unfair Prejudice Danger/ level of acceptance, risk avoided, “too good”, i.e.
- All E has some prejudice effect
- Aovid jury to make decision based on facts not emotion
- When E is “to good” prejudice is not enough reason to exclude (probative value substantially outweights)
- i.e. prosecutor present authopsy photos
E - Eclusion of relevant Evidence - MUUC factors - Unproductive / concept, usual objection, court acting
- To avoid waste of time of time w/production of cumulative repetitive E
- Usual objection: “Ask and aswered”
- Court with wide discretion
E - Eclusion of relevant Evidence - MUUC factors - Confusion / Risk avoided, reason
- E creates confusion of issues or mislead jury
- Usual reason for confusion: not cleat purpose of use
E - Relevant E - Credibility Rule
Judge not authorized to exclude E on grounds of lacking credibility
- Credibility and weight decided by JURY
E -Relevant E - W impeachment E rule
NEVER excluded for irrelevancy BUT credibility almost always affected by bias
E -Relevant E - Specific type of E rules - D’s Financial Condition / when, adm-iand scnearios
- When in criminal case D charged with theft or similar crime
- GRAL: use his socio-economic condition (poverty) inadmissible as E to show motive
- EXCEPT: when coupled w/other E, i.e. show of substantial increase on assets after crime
E -Relevant E - Specific type of E rules - “Demostrative E” / what, test
- Court favor use photos,videos, diagrams, etc
- Balance test: reasonable depiction of facts (satisfied by testimony) vs mere illustrative purposes (onyl seen by jury during proceeding but not considered for verdict)
E -Relevant E - Specific type of E rules - “Real” Evidence
- Thing that palyed role in case (i.e. weapon in robbery)
- Admissible when showing appropriate chain of custody to rule out tampering
E -Relevant E - Specific type of E rules - Violation of Law or Industry Standard / when, condition for adm
- violation used in civil matter to show N or unsafe product
- Admissible by showing:
- It applies to D’s conduct
- Violation is both Probative and Material
