LAW 545-001 – Evidence

Relevance


Evidence is relevant if it is both probative and material. FRE 401.

Probative

Evidence is probative if it has any tendency to make a fact more or less probable than it would be without the evidence. FRE 401(a).

Material

Evidence is material if the fact [that it is probative of] is of consequence in determining the action. FRE 401(b).

The credibility of every witness is at issue, and therefore, impeachment is always relevant, although not always allowed.

Conditional Relevance

If evidence's relevance is conditional on a fact, admissible evidence must be sufficient such that a reasonable person could believe that the fact more likely than not does exist. FRE 104(b).