Evid 1

It has ANY tendancy to make a material fact more or less PROBABLE than would be the case w/o the evidence

All relevent evidence is ADMISSIBLE

• COURT makes discretionary determination that the PROBATIVE value of the evidence is SUBSTANTIALLLY outweighed by
• -danger of unfair prejudice
• -confusion
• -waste of time

• -inadmissible to show fault (or absence)
• -admissible to show other relevant purpose, such as
• a) ownership or control (if controverted)
• b) witness impeachment

• -evidence admissible for one purpose, but inadmissible for another purpose
• -judge should give jury limiting instructions

Process of showing that witness should not be believed

• -arises when there is some relationship between the witness and a party that could cause the witness to LIE
• -almost always admissible

• INADMISSIBLE to prove:
• 1) negligence
• 2) culpable conduct
• 3) product defect (NY: ok to show manufacturing defect)
• 4) need for a warning
• |
• ADMISSIBLE for other purposes, such as (e.g., ownership, control, feasibility of improvement (if controverted by ∆)