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5 Cards in this Set
- Front
- Back
Relevant Evidence
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evidence having the tendency to make existence of any fact of consequence more or less probable.
Must be: - Probative - Fact of consequence |
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Probativeness
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is the evidence helpful for its purpose?
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Fact of consequence
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element of cause of action, credibility of witnesses or background facts.
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Legal rule that excludes evidence?
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Discretionary- Prejudicial, confusion, waste of time, etc. (403)
Character Evidence (404-405, 412-415) Extrinsic policies- subsequent repairs, liability insurance (407-411) Hearsay (801-802) |
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What is conditional relevance?
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When relevancy depends upon fulfillment of a fact, the court should admit it upon the introduction of evidence to support finding of fulfillment of condition.
- Judges has discretion to admit - Admissible b/c often one witness cannot lay entire foundation for certain evidence. |