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Rule 401 defines "relevant" evidence as evidence that makes a fact of consequence more or less probable than without it. Because the fact of a prior felony conviction was an element of the crime of being a felon in possession of a firearm, the Court reasoned that the record of Old Chief's prior conviction was relevant under Rule 401.
Until the Federal Rules of Evidence were restyled in 2011, Rule 401 defined relevance as follows: "Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
F.R.E. 401 outlines the test for whether or not evidence is relevant. [10] [11] The rule states: "Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action." [10] [11]
Image source: Getty Images. Adults aged 60 to 63 can now make a larger catch-up contribution. The additional $7,500 that workers 50 and older are eligible to contribute to a 401(k) is known as a ...
A new federal government rule designed to bolster the performance of 401(k)s and other retirement plans might actually do the opposite, according to a group of Republican lawmakers who want to...
But knowing the 401(k) rules is essential if you want to take maximum advantage of the opportunity without. Saving for retirement is a constant struggle. In your own personal fight to retire rich ...
Federal Rule 403 allows relevant evidence to be excluded "if its probative value is substantially outweighed by the danger of unfair prejudice", if it leads to confusion of the issues, if it is misleading or if it is a waste of time. California Evidence Code section 352 also allows for exclusion to avoid "substantial danger of undue prejudice."
Even so, there are some rules that perpetuate the historical mistrust of jurors, expressly limiting the kind of evidence they may receive or the purpose for which they may consider it. At the same time, the Rules center on a few basic ideas – relevance, unfair surprise, efficiency, reliability, and overall fairness of the adversary process ...