MBE Rules · Evidence
Relevance — FRE 401/402
FRE 401, 402
The rule
Evidence is relevant if it has any tendency to make a fact more or less probable AND the fact is of consequence to the action. All relevant evidence is admissible unless excluded by another rule. Irrelevant evidence is inadmissible.
In plain English
Evidence is relevant if it helps prove or disprove something important in the case. Relevant evidence can be used in court unless another rule says it can't.
Worked example
Officer A finds a witness who saw the defendant near the crime scene. This makes it more likely the defendant was involved, so the testimony is relevant and can be used in court.
Memory hook
Relevance: Tilt the scale. Any tendency to shift probability makes evidence relevant.
The trap
Students think: relevance needs strong proof. Wrong, because even slight impact suffices. The actual test is any tendency to affect probability.
How examiners test it
The MBE loves: odd fact presented in a case. Question: is it relevant? Trap: students dismiss minor impact. Remember, any tendency makes it relevant.
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