Search Site
Menu

Relevant Evidence

Although all evidence introduced by a lawyer must be considered “relevant evidence” before it can be admitted, many lawyers today would nevertheless struggle to give an adequate legal definition of the word “relevancy”. According to the Advisory Committee’s notes in drafting Rule 401 of the Federal Rules of Evidence, the proper definition is in the form of a question, which is “whether [the] item of evidence, when tested by the processes of legal reasoning, possesses sufficient probative value to justify receiving it in evidence”. The Advisory Committee further noted that this question must be satisfied by testing whether or not the evidence would tend to make the existence of a consequential fact of the case “more or less probable”. The Committee described the standard of probability as simply anything that made the fact “more or less probable than it would be without the evidence”. The Committee went on to cite the legal authority on evidence, McCormick, who stated: “A brick is not a wall”, meaning the evidence just has to contribute in some way to the matter for which it is being introduced.

This of course led to a second problem, though, which is that of conditional relevancy. What if the evidence’s contribution of probability towards one fact is contingent on some other fact? Rule 104(b), on preliminary questions of the court, considers this to be a question for the jury to decide. A judge would pose the question to the jury as “[evidence in dispute] may only be considered if you find the existence of [this other fact] to be true”. That kind of legal charge to the jury invokes the concept which had been discussed in a previous blog on the need for foundational proof.

 

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    Colleen Santora is the kind of attorney you want in your corner. She is incredibly attentive, sharp, and thorough, but what really sets her apart is that she gets things done. When you have Colleen representing you, you know your case is not going t...

    Read more

    D. Tripp

  • google
    5.0/5.0

    Colleen was amazing. I appreciated her professional expertise and her dedication to helping me get a fair settlement. I am so glad she was my attorney and I highly recommend her.

    Read more

    Sophia Elefther

  • google
    5.0/5.0

    My lawyer at this firm was Colleen, she is amazing! Everything was explained to me from the beginning, timeframe was awesome. She is a very knowledgeable lawyer. I would recommend this Law Firm.

    Read more

    Donna Keene

  • google
    5.0/5.0

    I just wanted to drop a quick note to say thank you to Santora Colleen for securing such a great outcome on my wife case. We really appreciate all your hard work, the way you handled the negotiations, and how you kept us informed every step of the wa...

    Read more

    Alexander Foygelman

  • google
    5.0/5.0

    Colleen has been incredibly thoughtful, supportive, and professional throughout every step of our case. She guided us carefully through the process, always taking the time to answer our questions and ensure we understood our options. She consistently...

    Read more

    M Gao

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form

  • This field is for validation purposes and should be left unchanged.