Relevancy and Admissibility Flashcards
(2 cards)
1
Q
Relevance
A
Evidence must be relevant in order to be admissible. Evidence is relevant if it is both
1. Probative: has any tendency to make a fact more or less probable than it would be without the evidence.
2. Material: a fact of consequence in determining the outcome of the action.
2
Q
Legal Relevance
A
All relevent evidence is admissible unless a statute or rule says otherwise, or the probative value is substantially outweighed by one or more of the following:
1. unfair prejudice
2. confusing the issues
3. misleading the jury
4. undue delay
5. wasting time
6. needlessly presenting cumulative evidence