Rule Excluding Irrelevant Evidence Flashcards
FRE 402:
- Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by
Act of Congress, by these rules, or by other rules prescribed by the Supreme Court pursuant to statutory
authority. Evidence which is not relevant is not admissible.
FRE 401:
The test for relevant evidence
Definition of “Relevant Evidence”
“Relevant evidence” means evidence having any tendency to make the existence of any fact that is of
consequence to the determination of the action more probable or less probable than it would be without the
evidence
FRE 401: Standard for Relevancy
Standard: makes “existence of any fact that is of consequence…more or less probable than it would be without the evidence.”
a. very low standard; there are no degrees of relevance
i) Evidence is relevant even if it tends to move things a tiny, tiny amount towards one end of scale
between “utter disbelief” and “complete certainty.”
ii) remember to distinguish between relevant and admissible!
b. REMEMBER—even if the evidence is relevant, it might still be excluded by force of other rules (e.g.,
hearsay, prejudice or confusion [FRE 403], rule excluding opinion, etc.)
FRE 401: Evidence might be excluded as “irrelevant” for two Reasons
Evidence might be excluded as “irrelevant” for two distinct reasons
1. Because it is not probative of the proposition to which it is directed—“more or less probable”
a. “Evidence not probative on proposition to which it is directed.”
2. Because the proposition to which it is directed is not provable in the case— that it is not a “fact…of
consequence”
a. “Evidence is directed to an immaterial fact.”
b. Materiality, “facts of consequence” determined by:
i) Pleadings
ii) Substantive law
1 If evidence is rejected on grounds of immateriality is a reflection of the underlying substantive
law, not the laws of evidence
FRE 401: Types of Relevant Evidence
- Direct Evidence:
a. Evidence that does not depend on any inference for its relevancy other than the credibility of the witness
through whom the witness is presented - Circumstantial Evidence:
a. Whenever evidence depends for its relevancy not only upon the credibility of witness but also upon an
inference - Conditional Relevance (the FRE 104(b) issue)
a. Where the relevancy of evidence depends on the fulfillment of a condition of fact
When is Evidence Relevant?
(1) has any tendency to make a fact more or less probably than it would be without the evidence, and
(2) the fact is of consequence in determining the action. Fed. R. Evid. 401. A court may exclude otherwise relevant evidence under Fed. R. Evid. 403 if its probative value is substantially outweighed by a danger of: (1) unfair prejudice; (2) confusing the issues; (3) misleading the jury; or (4) undue delay, wasting time, or needlessly presenting cumulative evidence.
What is relevant Evidence
For purposes of determining whether evidence is relevant, what is a fact of consequence?
A fact of consequence is a fact that i s connected to the legal issues in the case as determined by the substantive laww governing the case. Fact s of consequence are sometimes called **material facts. **
Is relevant evidence admissible even if it is not very persuasive?
Yes, Relevant evidence is admissible even if it is not very persuasive. Relevant evidence is admissible unless deemed inadmissible based on the FRR and principles derived from the United States Constitution. The Persuasiveness of evidence is a question for the fact finder. Keep. in mind, however that just becasue an i tem of evidence is admissible does not ensure that it will be admitted.
What is Probative Value?
What is Circumstantial Evidence
What is conditional Relevance
Is irrelevant evidence ever admissible
Is irrelevant evidence ever admissible
