Threshold Admissibility Flashcards
Preliminary Questions of Admissibility
FRE does not apply; judge can consider anything except things that are privileged
Admissibility
Material and relevant evidence is admissible if competent; FRE favors admissiblity
Materiality
Proffered evidence relates to one of the substantive legal issues in the case
Relevance / Probativeness
Relevant evidence contributes to proving or disproving a material issue; makes material issue more or less likely to be true
If it goes to the pleadings, defenses, or credibilities, it’s probably relevant!
Direct evidence
relies on actual knowledge and goes directly to a material issue without intervention of an inferential process
Circumstantial evidence
relies on inference; evidence of a subsidiary or collateral fact from which, alone or in conjunction with a cluster of other facts, the existence of the material issue can be inferred
Testimonial evidence
oral evidence given under oath; W responds to atty
Documentary evidence
Evidence in the form of a writing like a confession or a K
Real evid
Evid consisting of things, as distinguished from assertions of Ws about things; knives, jewelry, maps, tapes, etc.
FRE 105
If evid is adm for one purpose but not another or adm against one party but not the other, the court must, upon request limit the jury instructions; this is how u mitigate Up
403
Court MAY exclude relevant evid if the potential for UP substantially outweighs its PV (UP»_space; PV); look at sterngth of evid in proving desired point, whtehter evidence is cumulative or whether it’s the only evidence/is there another way
UP
undue tendency to suggest decision on an improper basis; includes conflating the issues, misleading the jury, undue delay, presenting cumulative evidence, actual prejudice, wasting time
FRE inapplicable
grand jury proceddings, preliminary determinations of adm, sentencing hearings
