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4 Cards in this Set

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Admissibility of the evidence is going to dependent on the ______ for which the evidence is offered.

Purpose. This means that evidence offered for purpose A might not be admissible, but that same evidence can be admissible for purpose B. (FRE 105)


FRE 401--Definition of Relevancy

Having any tendency to make the existence of any fact that is of consequence to the termination of the action more or less probable than it would be w/o the evidence.

401 Test for Relevancy: Evidence is relevant if ____ & ____.

(A) it has any tendency to make a fact more or less probable than it would be w/o the evidence, AND


(B) the fact is of consequence in determining the action.

FRE 104 (b)--Condition Relevance

When the relevancy of the evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.