This preview shows pages 1–3. Sign up to view the full content.
This preview has intentionally blurred sections. Sign up to view the full version.View Full Document
Unformatted text preview: Evidence Powell Chapter 1 Relevancy I. General Principles o 401-403 o Rule 401. Definition of "Relevant Evidence" "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. What is the evidence? What is it offered to prove? Does it do so, and how? Any tendency- evidence doesnt have to prove conclusively the case Sufficiency a brick is not a wall One only has to see if the evidence tips the scale at all o Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible 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. o Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time 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. i. General Test: 1. Is the Evidence Admissible? a. Does the evidence have 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 ? [FRE 401] b. Is its probative value substantially outweighed by the danger of unfair prejudice, etc? [FRE 403] ii. Two Elements: 1. Logical Relevance a. Of Consequence (materiality- Does it relate to an issue in the case? Look to the pleadings & applicable substantive law) b. More or Less Probable (probative value is it logically relevant? Does it have contributing value of the existence or non existence of a fact?) 2. Legal Relevance a. Cost/Benefit analysis in 403 i. Will this evidence unfairly prejudice the defendant? iii. Advisory Committee Notes 1. Relevancy is the relation between an item of evidence and a matter properly provable in the case a. Linchpin- the articulation of the premise on which the reasoning is based that relates the item of evidence to the fact that is sought to be proven i. Accepted/rejected as a matter of common human experience- common sense 2. Questions of relevance are only questions of admissibility iv. Rule 402: Relevant Evidence Generally Admissible; Irrelevant...
View Full Document
- Spring '10
- The Bible