Critical Pass - Evidence
Relevance --------------------------------------------------------------------------------------------------------------------------- Logical Relevance Evidence is relevant if it tends to make the existence of any fact of consequence more or less probable than it would be without the evidence Relevant evidence may be (but is not automatically) admissible Irrelevant evidence is inadmissible Limitations on relevance: Logical relevance does not equal probative value — evidence can have high relevance but low probative value Discretionary exclusion — courts can exclude relevant evidence if its probative value is substantially outweighed by its danger of unfair prejudice or confusion See Card 2 - Discretionary Exclusion of Relevant Evidence Public policy exclusions — evidence can be excluded in instances where allowing its inclusion could run counter to public policy considerations E.g., evidence of liability insurance, subsequent remedial measures, settlement ...