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Unformatted text preview: 4LawSchool.com Outlines Bank OUTLINE DETAILS: Author: Anonymous School: University of California, Davis School of Law Course: Evidence Year: Spring, 2004 Professor: Professor Onwauchi Text: Evidence, 10 th Edition Text Authors: Waltz and Park DISCLAIMER: This outline is written by a law student and it may contain some inaccurate information. 4LawSchool and its officers make no warranties as to the accuracy of the information this outline contains. This outline is provided as-is. Use it at your own risk, and do not rely on it for legal advice. Do not use this outline during exams if your law school or law professors do not permit usage of material that is prepared by others. This outline is copyright 2004 by 4LawSchool.com. A limited license for personal academic use is permitted. This outline may not be used for any other purpose and may not be posted on any other web site without permission. 1 Evidence Outline Relevancy FRE 402 Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible o All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by Act of Congress by these rules, or by other rules prescribed by the Supreme Court pursuant to statutory authority. Evidence which is not relevant is not admissible. In order to be relevant, evidence must o Have probative relationship- evidence must make the factual proposition more or less likely than it would be without the evidence. o Material- must be link between the factual proposition which the evidence tends to establish and the substantive law FRE 401 Definition of Relevant Evidence o 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. o Knapp v. State charged with murder and claims that killed victim in self defense and had heard a story that victim had killed an old man. Prosecution intends to introduce evidence that old man died of natural causes. Is this evidence relevant. Held relevant. An item is relevant when it tends to prove or disprove, however slightly , an issue at trial. Here the fact that old man died a natural death makes it less likely that heard the story. o Sherrod v. Berry Officer shot and killed a robbery suspect because reasonable believed that reaching for his gun. s wanted to present evidence that victim was not armed. Held irrelevant. When the officer had reasonable belief that victim was reaching for the gun, the absence of the gun is irrelevant. 4 Part Test for Relevance...
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