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Old Chief v. United States, 519 U.S. 172 (1997), discussed the limitation on admitting relevant evidence set forth in Federal Rule of Evidence 403. Under this rule, otherwise relevant evidence may be excluded if the probative value of the evidence is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or considerations of undue delay ...
Unfair prejudice in United States evidence law may be grounds for excluding relevant evidence. [1] "Unfair prejudice" as used in Rule 403 is not to be equated with testimony that is simply adverse to the opposing party. [2] Virtually all evidence is prejudicial or it is not material. The prejudice must be "unfair". [3]
On December 1, 2011, the restyled Federal Rules of Evidence became effective. [13] Since the early 2000s, an effort had been underway to restyle the Federal Rules of Evidence as well as other federal court rules (e.g. the Federal Rules of Civil Procedure). According to a statement by the advisory committee that had drafted the restyled rules ...
A subsequent remedial measure is an improvement, repair, or safety measure made after an injury has occurred. FRE 407 [dead link ] prohibits the admission of evidence of subsequent remedial measures to show defendant's (1) negligence; (2) culpable conduct; (3) a defect in defendant's product; (4) defect in the design of defendant's product; or (5) the need for a warning or instruction.
Lack of foundation: the evidence lacks testimony as to its authenticity or source. More prejudicial than probative: Under Federal Rule of Evidence 403, a judge has the discretion to exclude evidence if "its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury."
Several weeks ago, I wrote about a new plan put forward in a paper jointly authored by the Federal Deposit Insurance Corporation and the Bank of England that looks to solve the problem of too "big ...
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A 403(b) retirement plan is an employer-sponsored plan for employees of public schools and certain 501(c)(3) tax-exempt organizations. Also known as a tax-sheltered annuity plan, ...
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