Lecture Notes: Federal Rule of Evidence 401 - Relevance

Introduction

• Discussion of Part B of Federal Rule of Evidence 401.
• Evidence must be of consequence in determining the action.

Key Concepts

Definition of Relevance

• Evidence must not only make a fact more or less probable but also must matter to the decision of the case.
• Facts must be of consequence.

Examples

1. Irrelevant Evidence:
   • Example: Defendant owning 6 cats - not relevant to a bank robbery.
2. Relevant Evidence:
   • Hospital record and testimony about a white car - relevant to the defendant being near the crime scene.
   • Witness being legally blind - relevant to testimony about identifying a white car.

Case-by-Case Determination

• Relevance depends on:
  • The elements of the claim
  • Affirmative defenses
  • Whether one side has "opened the door" to certain evidence

Specific Case Examples

1. General Intent Crime:
   • Specific intent is not of consequence.
2. Contract for Sale of Land:
   • Writing is a fact of consequence due to the Statute of Frauds.

Wrinkles in the Rule of Evidence

Wrinkle 1: Conceded Facts

• Disputed truth does not affect relevance.
• Example: Defendant admits debt - evidence of this remains relevant.

Wrinkle 2: Evidence with Multiple Purposes

• Evidence can be relevant for different purposes:
  • May be inadmissible for one but admissible for another.
• Example: Past illegal gambling - not admissible to show criminal nature but relevant to show motive for robbery.

Summary

• Relevance requires facts to be of consequence.
• Determination is case-specific based on claims, defenses, and evidence presented.
• Concession of a fact doesn't negate its relevance.
• Evidence may serve multiple purposes; smart lawyers use this to their advantage.