Relevance

Question 1

Under FRE 402 what makes evidence relevant?

Answer 1

(1) it has any tendency to make a fact more or less probable than it would be without the evidence (probative) and (2) the fact is of consequence in determining the action (material)

Question 2

Direct Evidence

Answer 2

identical to the factual proposition that it is offered to prove.
An eyewitness who testifies that she saw the defendant shoot the victim dead is an example of direct evidence that the defendant committed a homicide.

Question 3

Circumstantial evidence

Answer 3

evidence that tends to indirectly prove a factual proposition through inference from collateral facts.

Question 4

When can relevant evidence be excluded under FRE 403

Answer 4

relevant evidence may be excluded if its probative value is substantially outweighed by the dangre of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence