Relevance

Question 1

FRE 401: When is Evidence “Relevant”?

Answer 1

Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would without the evidence, and (b) the fact is of consequence in determining the action.

Question 2

FRE 402: When is relevant evidence admissible?

Answer 2

Relevant evidence is always admissible UNLESS any of the following provides otherwise: the United States Constitution, a federal statute, the federal rules of evidence, OR other rules proscribed by SCOTUS.

• Irrelvant evidence is not admissible.

Question 3

FRE 403: When may the court exclude relevant evidence?

Answer 3

The court MAY exclude relevant evidence if its probative value is SUBSTANTIALLY OUTWEIGHED by a danger of one or more of the following:
(1) UNFAIR prejudice;
(2) confusing the issues, misleading the jury,
(3) undue delay, wasting time, or needlessly presenting cumulative evidence.