What is the threshold test?
4pts

Material fact

Relevant fact

Conditional relevance

Probative value

Circumstantial evidence

Prejudice

Probative

Consciousness of Guilt
5 pts

Prior Judicial Determinations
3pts

Hearsay

Test for Hearsay
3pts

implied statement
3pts

Safeguard test for hearsay
3pts

Out of Court Statements: Not Hearsay
2pts

Admission of a party

Vicarious admission

Admission by action

Conspiracy

Co-conspirator exception

Conditionally admissible
3pts

Declaration against interest

Pecuniary or proprietary interest
2 pts

Penal Interest

Dying declaration

Test for Dying Declaration
5 pts

Test for Statement against penal interest
5pts

Res gestae

Excited utterance

Present Impression
2 pts

Business record

Test to admit business records
5 pts

Past Recollection Recorded
2 pts

Test for past recollection recorded
4 pts

Test for Admissibility of prior evidence
3 pts

Costs of presenting prejudicial evidence

what does a judge consider determining probative value