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5 Cards in this Set
- Front
- Back
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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. |
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FRE 401
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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.
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All relevant evidence is ADMISSIBLE, unless:
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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) |
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Evidence that a person has (or does not have) liability insurance is INADMISSIBLE for
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inadmissible for the purpose of proving negligence or ability to pay a substantial judgment
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Evidence that a person has (or does not have) liability insurance is ADMISSIBLE for
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admissible for the purpose of showing Ownership or Control OR for Impeachment of a Witness
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