Undue Prejudice

Question 1

Undue Prejudice (FRE 403/CEC 352)

Answer 1

relevant evidence can be excluded if the probative value is outweighed by the risk of undue prejudice

• the undue prejudice (bad) has to substantially outweigh the probative value (good) before we throw out the evidence
  
  • undue prejudice- not fair not right
  • doesn’t mean it hurts your case it means that is unduly
• invites the jury to render a verdict based on passion rather than logic or fact (or)
• includes evidence which tends to confuse or mislead the jury or waste time
  
  • can look to efficiency