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Article 4 Relevancy And Its Limits Outline

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This is an extract of our Article 4 Relevancy And Its Limits document, which we sell as part of our Evidence Outlines collection written by the top tier of University Of Washington School Of Law students.

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ARTICLE IV: RELEVANCY AND ITS LIMITS: FRE 401: Definition of Relevant Evidence:

1. Evidence having 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 without the evidence

2. Two prongs: 1) materiality; 2) probative FRE 402: Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible: FRE 403: Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time:

1. Although relevant, evidence may be excluded if: a. Its probative value is substantially outweighed by the danger of: Unfair prejudice; Confusion of the issues OR Misleading the jury b. Or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence Substantive Character Evidence: FRE 404: Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes:

1. FRE 404(a): Character Evidence Generally: Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except:

2. Prosecution can't raise defendant's character in its case-in-chief

3. 4. FRE 404(a)(1): Character of the Accused: In a criminal case, evidence of a pertinent trait of character: a. Offered by the accused, OR b. By the prosecution to rebut the same, OR c. If evidence of a trait of character of the alleged victim is offered by accused and admitted, evidence of same trait of character of accused offered by the prosecution

5. FRE 404(a)(2): Character of the Alleged Victim: In a criminal case, and subject to limitations of 412 (evidence of victim's past sexual behavior/sexual predisposition in a sex offense case), evidence of pertinent trait of character of victim: a. Offered by the accused, OR b. By the prosecution to rebut the same, OR c. Homicide case: Evidence of character trait of peacefulness of alleged victim, offered by prosecution to rebut evidence that alleged victim was first aggressor.

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