Mind Map by courtneycummings, updated more than 1 year ago
Created by courtneycummings over 6 years ago


Evidence Relevance Mindmap

Resource summary

  1. No, then stop.
    1. Yes, then proceed
      1. Is this a motion in Limine?
        1. No, then proceed
          1. Yes, use these motions to get in evidence you want to use during trial & exclude those you do not. Motion to surpress is an example of one.
            1. Is it relevant? It is relevant if it passes the next two tests
              1. 402 Test: Does the evidence have any tendency to make a fact more or less probable than it would be without the evidence?
                1. No, then stop.
                  1. Yes, then proceed.
                    1. 401 Test: Is the fact is of consequence in determining the action?
                      1. No, then stop
                        1. Yes, then proceed - This evidence is RELEVANT.
                          1. So the evidence is relevant. BUT is it prejudicial. Follow the next test.
                            1. RULE 403: the judge MAY exclude if the evidence's probativevalue is substantially outweighed by danger of unfair prejudice confusing issues/misleading jury undue delay, wasting time, or needlessly presenting cumulative evidence
                              1. No, then stop. Exclude.
                                1. Consider the factors: (1) Extent to which evidence arouses emotions or irrational prejudices (2) Extent to which jury may overvalue evidence (3) Strength of connection between evidence and elements of case (4) Whether same facts can be proven by less prejudicial or confusing means (5) Whether it would be possible to reduce prejudice or other harm once evidence is introduced by redacting prejudicial components
                                  1. Yes, then proceed.
                                    1. So the evidence is not unfairly prejudicial. Are there any alternative rules?
                                      1. Does this involve a subsequent remedial measures?
                                        1. No, then move on to orange.
                                          1. Yes, then move downward.
                                            1. Do the subsequent remedial measures attempt to prove (1) Negligence (2) Culpable Conduct (3) Defect in a product or (4) its design?
                                              1. Yes, then exclude. under RULE 407
                                                1. No
                                                  1. Would this evidence be used for the purposes of (1) impeachment (2) showiing ownership/control or (3) feasibility?
                                                    1. This evidence would be admissible but make sure to get a limiting instruction under rule 105
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