Evidence-Wellborn SU2006 Outline

Fre 403 once you have determined that the evidence is

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Unformatted text preview: w. FRE 403: Once you have determined that the evidence is relevant, you only exclude that evidence if its probative value is outweighed by certain negative circumstances. o Rule 403 permits exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time. In practice, determinations of basic relevancy under Rule 401 often merge with the balancing test of Rule 403. Evidence that is of doubtful relevancy under Rule 401 is apt to be excluded under Rule 403. Definition of Relevancy: FRE 401: "Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." Two parts to this definition: 1. Materiality the proposition to be proved must be of one that is of consequence to the determination of the action. a. Whether a proposition is of consequence to the determination of the action is a question governed by sub...
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