Irrelevant evidence is not admissible what is

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Irrelevant evidence is not admissible. What is relevance? 401. Test for Relevant Evidence o Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action. There are two parts to the test of relevance: o Relevance Analysis for determining logical relevance: 1. What is the item of evidence? 2. What is the fact at issue? 3. Does the item of evidence make the fact at issue more or less probable than it would be without the item of evidence? o If yes, the item of evidence of relevant. o Materiality Analysis for determining materiality: Answer the questions of relevance. Is the fact of consequence to the determination of the action? o Curative Admissibility Objectionable material has been admitted without objection. Three approaches: Majority view: Permit rebuttal evidence more or less without restriction. The trial judge has discretion as to whether to invoke the doctrine and permit the opponent to introduce responsive, otherwise inadmissible evidence. Page 8 of 65 Nathan Hardymon
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Evidence Spring 2017 Outline Lollar Altered majority view: The opponent may introduce irrelevant, irresponsive testimony only when it is needed to remove unfair prejudice caused by the proponent’s evidence. Minority view: Do not recognize the doctrine at all. Unless the evidence is relevant to the substantive law and pleadings, the evidence is inadmissible. Blake v. Clein : P “opened the door” by using prejudicial words, so it was unfair to not let the ∆se respond to it. o The Discretion of the Court to Exclude Relevant Evidence 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence. 403 Analysis (1) What is the probative value of the evidence? (2) What are they countervailing dangers in the evidence? (3) Is the probative value substantially outweighed by the countervailing dangers? o The burden of proof is on the opponent of the evidence. There is a four-factor test. Patent flaws in the evidence; Number of steps between the evidence and the fact trying to be proven; Logical strength of inference that can be drawn from evidence; and Other means of proof available. Old Chief Generally, a party is allowed to put on their case how they want, and they are not constrained to use the least prejudicial way. However, when the unfair prejudice outweighs the probative value, this is not true.
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