This is an extract of our Relevance And Conditional Relevance document, which we sell as part of our Evidence Outlines collection written by the top tier of Oklahoma City University School Of Law students.
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RELEVANCE Introduction Determining relevancy is done as a threshold matter before a court considers any other evidentiary barriers to admission 2 Requirments: Materiality (of consequence)=
It must be of consequence to the determination of the action how you connect it to what that side has to prove Probative=
ANY TENDENCY to make More or less probable Very very low threshold Must move things in a certain direction
Definition of Relevant Evidence Rule 401. Definition of "Relevant Evidence" "Relevant evidence means evidence giving ANY tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be w/o the evidence" Embodies the rule that evidence msut bear upon a "fact that is of consequence to the determination of the action" Evidence must be probative, ie, have a tendency to make a the existence of a fact more or less probable than it would be w/o the evidence ANY increase or decrease in the probability of a fact of consequence will suffice, no matter how small To have probative value, the evidence need not prove a fact by itself, it can be combined w/ other evidence to prove or disprove a fact Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible "All relevant evidence is admissible, except as otherwise provided by the Constitution, an Act of Congress, these rules, or other Supreme Court rules." Evidence which isn't relevant isn't admissible
Exclusion of Relevant Evidence Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time
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