evidence_2_outline

evidence_2_outline - Evidence II Outline Relevant Stuff...

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Evidence II – Outline Relevant Stuff From Last Semester Relevancy A. FRE 401. Definition of “Relevant Evidence” 1. “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. 2. Any Tendency a. Common law “relevance” was the evidence having any tendency to make the existence of any fact more or less probable than it would be without the evidence 3. Facts of Consequence a. Common law materiality was if the fact sought to be proved was of consequence, or “outcome determinative” i. Requires a reference to the substantive law at question in the case to determine if the fact would be outcome determinative. B. FRE 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible 1. 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. 2. Sources of Authority for Excluding Relevant Evidence: a. Constitution of the United States b. Acts of Congress c. Federal Rules of Evidence d. Rules from the Supreme Court C. FRE 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time 1. Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. a. “Unfair prejudice” means an undue tendency to suggest decision on an improper bases, commonly though not necessarily, an emotional one. (per advisory committee notes) b. In reaching a decision on whether to exclude on grounds of unfair prejudice, considerations should be given to the probable effectiveness of a limiting instruction. Availability of other means of proof may also be an appropriate factor. 1
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Evidence II – Outline Character Evidence, Prior Bad Acts, and Habit (Propensity) FRE 404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes (a) Character evidence generally. Evidence of a person’s character or trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except: (1) Character of accused. Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same; or if evidence of a trait of character of the alleged victim of the crime is offered by an accused and admitted under Rule 404(a)(2), evidence of the same trait of character of the accused offered by the prosecution; (2) Character of alleged victim. Evidence of a pertinent trait of character of the alleged victim of the crime offered by an accused, or by the prosecution to rebut the
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This note was uploaded on 09/21/2009 for the course LAW All taught by Professor All during the Fall '09 term at University of the West.

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evidence_2_outline - Evidence II Outline Relevant Stuff...

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