I. RELEVANCE A. Basic Principles

Question 1

1. Evidence is RELEVANT if it has ___________________________

Answer 1

1. Evidence is RELEVANT if it has ____any tendency _____ to make a fact of consequence more probable or less probable than would be the case without the evidence.
   Materiality: the proposition that the evidence tends to proof, is must be of consequence of the case
   Probativeness: evidence has some tendency to make
   that proposition more or less likely

Question 2

2. All irrelevant evidence is

Answer 2

2. All irrelevant evidence is INADMISSIBLE.

Question 3

3. All relevant evidence is ADMISSIBLE, UNLESS

Answer 3

3. All relevant evidence is ADMISSIBLE, UNLESS (a) some specific \_\_exclusionary rule_ is applicable, or (b) the court makes a discretionary determination that the probative value of the evidence is \_\_substantially outweight_ by PRAGMATIC CONSIDERATIONS:
danger of unfair prejudice 
confusion of the issues 
misleading the jury
undue delay
waste of time *** not in TX
unduly cumulative
* surprise is not a consideration