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5 Cards in this Set

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Which of the following is the least likely reason for the court to rule the evidence inadmissible?
(A) Unfair prejudice
(B) Undue delay
(C) Unduly cumulative
(D) Unfair surprise.
(D) Unfair surprise.
Under the Federal Rules, unfair surprise is not a valid ground upon which to exclude relevant evidence.
FRE 401
DEFINITION: Evidence is RELEVANT if it has any tendency to make a material fact more or LESS LIKELY TO BE TRUE than would be the case without the evidence.
All relevant evidence is ADMISSIBLE, unless:
a) some specific exclusionary rule is applicable (FRE 402), or
b) the court makes a discretionary determination that the PROBATIVE VALUE_ of the evidence is outweighed by ITS PREJUDICIAL EFFECT (FRE 403)
Evidence that a person has (or does not have) liability insurance is INADMISSIBLE for
inadmissible for the purpose of proving negligence or ability to pay a substantial judgment
Evidence that a person has (or does not have) liability insurance is ADMISSIBLE for
admissible for the purpose of showing Ownership or Control OR for Impeachment of a Witness