Relevance: General considerations and character evidence Flashcards
(8 cards)
FRE 401 and 402
Relevant evidence, unless excluded, is admissible
Relevance
makes any fact of consequence more or less probable than it would be w/o evidence
Direct evidence
equal to the factual proposition for which it is offered (ex. eyewitness testimony)
Circumstantial evidence
indirectly proves or suggests some fact in issue
Exclusion of relevant evidence (FRE 403)
Evidence that is relevant and not excluded by a particular rule may nevertheless be excluded if its probative value is substantially outweighed by the danger of:
-unfair prejudice, confusion of the issues, misleading the jury, considerations of undue delay, waste of time, or needless presentation of cumulative evidence
Character evidence
Document or testimony offered to prove that a person acted in a particular way on a particular occasion based on that persons disposition or character
Character evidence is generally prohibited when?
when it is offered to prove that a person acted in conformity w/ a particular character trait on a given occasion (ex. propensity)
Methods of proving character
Can be proved through opinion or reputation but not specific bad acts