Relevance & its Limits

Question 1

What is the meaning of relevant evidence?

Answer 1

Evidence, which tends to make the existence of any fact more or less probable then it would be w/o the evidence

Rule 401

Question 2

What are the different types of relevant evidence?

Answer 2

1. Logical evidence
   
   • probative value
   • some logical tendency to prove or disprove a fact of consequence
2. Legal evidence
   
   • the evidence must be helpful to the finder of fact insolving the case

Rule 401

Question 3

Is all relevant evidence admissible?

Answer 3

• All evidence is admissible UNLESS
  
  • excluded by the Constitution of the US
  • by Act of Congress
  • by the F.R.E.
  • other rules provided by the SC
• Irrelevant evidence is not admissible

Rule 402

Question 4

When can relevant evidence be excluded?

Answer 4

• Evidence can be excluded if the probative value** is **SUBSTANTIALLY outweighed by:
  
  • danger of unfair prejudice
  • confusion of the issues
  • misleading the jury
  • considerations of undue delay
  • waste of time or
  • needless presentation of cummulative evidence
• Look through the eyes of the jury for the balancing test not the D

Rule 403 objections

Question 5

What are some MBE tips for Rule 403

Answer 5

1. The Rule 403 balancing test favors ADMISSION.
2. Most Rule 403 objections are (properly) overruled.
3. Consciousness of guilt: Relevant to show a guilty mind.
   
   • Examples:
     
     • fleeing the scene;
     • threats by defendant against a witness (“you’re dead”);
     • hiding from police;
     • using an alias;
     • failure to submit to a blood alcohol test.
4. Unfair surprise not a proper 403 objection

Question 6

HYPO

Victor is killed when the car that he is driving is hit by a tractor-trailer owned by Long Haul Trucking Co., driven by Arthur, who is also killed in the car accident. Victor’s family sues Long Haul, and seeks to have evidence admitted that Arthur’s blood alcohol was 0.24% (more than twice the legal limit) at the time of the accident.

Should the judge exclude the evidence under Rule 403?

Answer 6

Yes it should be admitted:

• highly probative
• logically relevant - shows a fact of consequence - the cause of accident
• legally relevant - helpful to the intoxication @ time of trial

Question 7

What is direct evidence?

Answer 7

• No inference is required; witness testifies to what they saw

Question 8

What is circumstantial evidence?

Answer 8

• an inference is required

EXAMPLE: Footprints in the snow showing someone came to door and left newspaper there. Circumstantial evidence that the paper boy delivered the paper.

Question 9

What is real evidence?

Answer 9

• The physical evidence – i.e. – the knife, the bloody glove

Question 10

What is demonstrative evidence?

Answer 10

• prepared in anticipation of trial
• things that assist the jury or fact finder

EXAMPLE: Needle tracks, power point presentations, photo enlargements.