Relevance: General considerations and character evidence Flashcards

(8 cards)

1
Q

FRE 401 and 402

A

Relevant evidence, unless excluded, is admissible

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2
Q

Relevance

A

makes any fact of consequence more or less probable than it would be w/o evidence

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3
Q

Direct evidence

A

equal to the factual proposition for which it is offered (ex. eyewitness testimony)

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4
Q

Circumstantial evidence

A

indirectly proves or suggests some fact in issue

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5
Q

Exclusion of relevant evidence (FRE 403)

A

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

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6
Q

Character evidence

A

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

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7
Q

Character evidence is generally prohibited when?

A

when it is offered to prove that a person acted in conformity w/ a particular character trait on a given occasion (ex. propensity)

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8
Q

Methods of proving character

A

Can be proved through opinion or reputation but not specific bad acts

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