Relevance and Undue Prejudice

Question 1

Relevance

Answer 1

• Saves time
• Focuses attention on seeking the truth
• Rules 401 and 402: Meant to broadly allow evidence unless a reason exists to exclude it.
• Every piece of evidence must pass the ___ test.
• ___ rests on the legal case/theory
• Battles over this help shape new legal claims and defenses

Question 2

Fed. R. Evid. 401

Answer 2

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.

Question 3

A party or witness can make something relevant by…

Answer 3

… “opening the door.”

Culture can also change what is relevant.

Question 4

Probative Value:

Answer 4

The persuasive weight of a piece of evidence.

Question 5

Sufficiency:

Answer 5

The legal standard to determine whether evidence supports a verdict.

Question 6

Fed. R. Evid. 403

Answer 6

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 [CONFUSION], misleading the jury, undue delay [UNDUE DELAY], wasting time, or needlessly presenting cumulative evidence.”

Question 7

To exclude evidence under rule 403, prejudice must be…

Answer 7

… unfair.

Question 8

Unfair Prejudice:

Answer 8

Describes evidence that has a tendency to lead jurors away from their duty to weigh the facts under the legal standards supplied by the judge.
- Doesn’t mean the evidence is harmful.
+ All evidence admitted against your client is harmful to some extent.

Question 9

If evidence is unfairly prejudicial, a judge must exclude the evidence under Rule 403.

True or False?

Answer 9

False.

Question 10

Evidence may be excluded under Rule 403 if probative value is…

Answer 10

… substantially outweighed by ___.

Question 11

Three Key Concepts in Fed R. Evid. 403

Answer 11

1. ) May
   
   • Highly Discretionary
2. ) Danger of one or more problematic outcomes:
   
   • Unfair Prejudice (most common; concern is that he jury will make its decision on an improper basis; commonly an emotional one)
   • Confusing issues
   • Misleading the Jury
   • Wasting time (undue delay, cumulative evidence)
3. ) Danger substantially outweighs probative value
   
   • Rule errs on side of admissibility

Question 12

Summary of Old Chief

Answer 12

D offered to stipulate fact of prior felony conviction
Evidence of prior conviction was still relevant
But, given offer to stipulation, evidence was unfairly prejudicial.

• Stipulation does not destroy RELEVANCE
• Offer to stipulate affects prejudice
  + Alternative way to prove element hat mitigates the danger of unfair prejudice
• For felon-in-possession-of-gun cases, D’s stipulation to prior conviction excludes other evidence under 403
• In most other cases, offer to stipulate has little effect under 403.

Question 13

United States of America v. Zacarias Moussaoui

Answer 13

[insert relevant info re: this case]

Question 14

In a bench trial, you are most likely to argue…

Answer 14

… waste of time

Question 15

A piece of evidence is admissible UNLESS…

Answer 15

… one of the Rules excludes it.

• Most of the Fed Rs. of Evid. are rules of exclusion.
• Which evidence to introduce in hopes of admissibility (“place in river”) is up to the lawyer.
• The “nets” (objections and motions to exclude) are not activated by themselves.

Question 16

Rule 403 is at the end of the “river” because…

Answer 16

… it is the judge’s last opportunity to reject evidence that has already cleared other, more specific obstacles.