Primary tabs. The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following:
unfair prejudice
, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
What is limiting evidence?
A
jury instruction in which the judge instructs the jury to
consider a piece of evidence for a specific purpose and ignore it for any other purpose.
Which of the following reasons is sufficient to deny the admission of otherwise relevant evidence?
Although relevant, evidence may be excluded if its
probative value
is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
What is needlessly presenting cumulative evidence?
Rule 403’s cumulative evidence clause provides the trial judge
with discretion to prohibit the admission of evidence where the probative value of that evidence is substantially outweighed by one
of several risks, including the risk of needless cumulation.
What is undue prejudice?
Undue prejudice is “
improper or unfair treatment amounting to something less than irreparable harm
.”
What are the 3 rules of evidence?
The basic prerequisites of admissibility are
relevance, materiality, and competence
. In general, if evidence is shown to be relevant, material, and competent, and is not barred by an exclusionary rule, it is admissible.
What evidence Cannot be used in court?
Evidence that can not be presented to the jury or decision maker for any of a variety of reasons:
it was improperly obtained
, it is prejudicial (the prejudicial value outweighs the probative value), it is hearsay, it is not relevant to the case, etc.
What is best evidence rule in law?
The best evidence rule requires that when
the subject of inquiry is (sic) the contents of a document, no evidence is admissible other than the original document itself except
in the instances mentioned in Section 3, Rule 130 of the Revised Rules of Court.
What is the rule of completeness?
:a rule permitting a party to require introduction of the rest of or more of a document or recorded statement that is being used as evidence by the opposing party NOTE: The rule of completeness applies
when fairness demands consideration of the part of a document left out at the same time as the part that has been
…
What are limiting instructions?
A “limiting instruction”
tells jurors not to use a particular piece of evidence to draw a certain inference
, although they are free to use the evidence in other ways.
What is an example of cumulative evidence?
For example,
if 50 people saw a shooting, and each witness would each give substantially similar descriptions of the shooting
, it would be a needless presentation of cumulative evidence if all 50 people testified at trial.
What is an example of prejudicial evidence?
For the most part, prejudicial evidence is evidence that arouses the emotions of the jury such as sympathy, bias, or hostility, thereby interfering with their ability to reach an impartial verdict. … For example, cases involving
children such as child molestation or child abuse
are “emotional” cases.
What is cumulative evidence mean?
noun.
evidence of which the parts reinforce one another, producing an effect stronger than any part by itself
. Chiefly Law. testimony repetitive of testimony given earlier.
What is unfair evidence?
Unfair evidence
deprives the Defence of being in a position to properly scrutinize what is being introduced
. Miscarriages of justice can occur. Unfair evidence can come in a variety of forms but incorporates anything which on the face of it deprives a defendant of a fair trial. Discretion to exclude unfair evidence.
What does unfairly prejudiced mean?
“Unfair prejudice” within its context means
an undue tendency to suggest decision on an improper basis, commonly
, though not necessarily, an emotional one. The rule does not enumerate surprise as a ground for exclusion, in this respect following Wigmore’s view of the common law.
What is the meaning of inadmissible evidence?
/ˌɪn.ədˈmɪs.ə.bəl/
unable to be accepted in a law court
: Her confession was ruled inadmissible as evidence because it was given under pressure from the police. Opposite. admissible formal.
