Evidence-Wellborn SU2006 Outline

Ask yourself a what is the evidence trying to show b

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Unformatted text preview: What is the evidence trying to show? b. Is this an issue in the case? (Materiality) c. Does the evidence tend to make more or less likely the issue in the case? (Probity) The answer to these questions will tell you whether the evidence is relevant. If so, proceed to the second step. 2. Determine whether there is some legal rule that excludes the evidence. Consider: a. Discretionary exclusion of evidence if it is unfairly prejudicial confusion, etc. [FRE 403] b. Rules restricting the admissibility of character evidence [FRE 404-405, 412-415] c. Extrinsic policies that justify excluding the evidence (regarding subsequent repairs, liability insurance, etc.) [FRE 407-411] d. The hearsay rule and all other "technical" exclusion rules of evidence [FRE 801-802] Basic Relevancy Rules [FRE 401, 402, 403] Trial court will admit only evidence that bears such a sufficient relationship to the matters in dispute that it may be deemed "relevant". FRE 402: Only relevant evidence is admissible o Rule 402 makes all relevant evidence admissible unless it is excluded by another rule or la...
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