Evidence-Wellborn SU2006 Outline

All the evidence needs to do is make the fact

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Unformatted text preview: material proposition for which it is offered. All the evidence needs to do is make the fact somewhat more likely than it would be without that evidence. To be relevant, the evidence must merely help a little. Example: Flight by no means proves guilt or makes guilt more likely than not. Evidence of flight merely makes guilt somewhat more likely, and thus is probative. Example: The fact that a driver has an excessive amount of liability insurance is arguably relevant to show that the driver was negligent. The insured driver might have a more reckless attitude toward driving because he has less to lose economically. However, heavily insured drivers also are likely to be prudent by nature. They may take fewer chances and hence, buy to insurance to reduce risk. These two equally plausible possibilities cancel each other out, and the evidence of insurance would be irrelevant even under the permissive test of FRE Note: FRE 11 specifically prohibits evidence of insurance to prove negligence. To determine if evidence is relevant, use a two step process: a) Is the evide...
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