Evidence-Wellborn SU2006 Outline

Note i could see a question where the evidence is

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Unformatted text preview: probative value, and the less likely that a trial court should order the evidence excluded. NOTE: I could see a question where the evidence is highly highly probative but also prejudicial and is not necessary at all! (lots of other evidence to prove the point!) Note: Weighing probative value against unfair prejudice under FRE 403 means probative value with respect to a material fact if the evidence is believed, not the degree the court finds it believable. Key! Could see a question on this!!! "Unfair prejudice" Evidence is unfairly prejudicial only if it has "an undue tendency to suggest decision on an improper basis" commonly, though not necessarily, an emotional one. Unfairly prejudicial if it appeals to the jury's sympathies, arouses its sense of horror, provokes instinct to punish, or otherwise may cause a jury to base its decision on something other than the established propositions in the case. Note: Rule 403 does not offer protection against evidence that is merely prejudicia...
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