Relevancy

Question 1

What is relevant evidence (Rule 401)?

Answer 1

• Relevant evidence is evidence tending to make the existence of any fact of consequence to the action more or less probable than it would be without the evidence. This is often called “logical relevance.”

Question 2

Is relevant evidence admissible (Rule 402)?

Answer 2

• All relevant evidence is admissible, unless excluded by
  o the Constitution of the United States,
  o an act of Congress,
  o the Federal Rules of Evidence, or
  o other rules prescribed by the Supreme Court pursuant to statutory authority.

Question 3

What is the Rule 403 balancing test?

Answer 3

• Evidence may be excluded if the probative value is SUBSTANTIALLY outweighed by one of six practical considerations:
  o (1) the danger of unfair prejudice, meaning the evidence invites the jury to make a decision on an improper ground;
  o (2) confusion of the issues;
  o (3) misleading the jury;
  o (4) considerations of undue delay;
  o (5) waste of time; or
  o (6) needless presentation of cumulative evidence

Question 4

Is unfair surprise a proper objection under Rule 403?

Answer 4

• Unfair surprise is not a proper objection under the FRE, but is in many states

Question 5

What kinds of facts will the bar present to test your knowledge of Rule 403?

And does Rule 403 favor admission or exclusion?

Answer 5

• Fact patterns often test consciousness of guilt situations:
  o evidence the defendant fled the scene;
  o hiding from the police or using an alias;
  o failure to submit to a breathalyzer.
• The Rule 403 balancing test favors ADMISSION rather than exclusion, therefore most 403 objections are (properly) overruled.