Relevant Evidence Is Admissible Flashcards
FRE 401
Evidence is relevant if it has any tendency to make a fact of consequence more or less probable.
FRE 402
ALL relevant evidence is admissible. (SO THERE.)
6 exceptions that matter.
FRE 403
EXCEPT if the probative value is SUBSTANTIALLY OUTWEIGHED by danger of unfair prejudice, etc. and judge feels like excluding it.
FRE 407
EXCEPT if it’s a subsequent remedial measure offered to prove liability or negligence.
FRE 408
EXCEPT if it’s a civil compromise offer, or negotiations to settle a “disputed claim,” offered to prove the validity or amount of that claim.
FRE 409
EXCEPT if it’s an offer to pay medical expenses, offered to prove liability.
FRE 410
EXCEPT if it’s criminal plea bargaining and there’s no guilty plea.
FRE 411
EXCEPT if it’s liability insurance, offered to prove negligence or wrongfulness.