Relevance, in the
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
of
evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field.
In epistemology, evidenc ...
, is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not. Probative is a term used in law to signify "tending to prove".
Probative evidence "seeks the truth". Generally in law, evidence that is not probative (doesn't tend to prove the proposition for which it is proffered) is inadmissible and the
rules of evidence
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fa ...
permit it to be excluded from a proceeding or stricken from the record "if objected to by opposing counsel".
A
balancing test
A balancing test is any judicial test in which the jurists weigh the importance of multiple factors in a legal case. Proponents of such legal tests argue that they allow a deeper consideration of complex issues than a bright-line rule can allow. B ...
may come into the picture if the value of the evidence needs to be weighed versus its prejudicial nature.
Under the Federal Rules of Evidence (United States)
Until the
Federal Rules of Evidence
First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local v ...
were restyled in 2011, Rule 401 defined relevance as follows:
This definition incorporates the requirement that evidence be both
material
Material is a substance or mixture of substances that constitutes an object. Materials can be pure or impure, living or non-living matter. Materials can be classified on the basis of their physical and chemical properties, or on their geologi ...
("of consequence to the determination of the action") and have
probative
Relevance, in the common law of evidence, is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not. Probative is a te ...
value ("having any tendency to make the existence of any
aterialfact...more probable or less probable than it would be without the evidence"). The restyled Rule 401, however, separates these traditional concepts in order to make the rule clearer and more easily understood. The amended language essentially rewrites the rule as a test, rather than a definition, for relevance:
Evidence and the matter properly provable
According to the notes of the Advisory Committee appointed to draft the Federal Rules of Evidence,
The
explains the concept of "matter properly provable" as follows:
Relevance and admissibility
Generally, relevant evidence is admissible. However, relevant evidence is not admissible if prohibited by the Constitution, an Act of Congress, by the Federal Rules of Evidence, or by rules prescribed by the Supreme Court. Under the Federal Rules of Evidence, relevant evidence may be excluded on the basis of enumerated grounds.
Relevance is required but may not be sufficient
Relevance is ordinarily a
necessary condition, but not a sufficient condition, for the admissibility of evidence. For example, relevant evidence may be excluded if its tendency to prove or disprove a fact is heavily outweighed by the possibility that the evidence will prejudice or confuse the jury.
Inadmissible versus excluded evidence
FRE 402 refers to relevant evidence as 'inadmissible' if 'otherwise provided by' several sources of law. Yet, FRE 403 refers to 'exclusion of ''relevant evidence.
[Fed. R. Evid. 403 (2011)](_blank)
/ref> It is clear that evidence excluded under FRE 403 is inadmissible. However, it is not clear that inadmissible evidence is considered 'excluded' within the meaning of the Federal Rules of Evidence.
Exclusion of relevant evidence
Under Rule 403 of the Federal Rules of Evidence, relevant evidence may be excluded if its probative value
Relevance, in the common law of evidence, is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not. Probative is a te ...
is substantially outweighed by the danger of one or more of the enumerated grounds for exclusion. The grounds for exclusion are:
* unfair prejudice
* confusing the issues
* misleading the jury
* undue delay
* wasting time
* needlessly presenting cumulative evidence
In an exemplary hypothetical
A hypothesis (plural hypotheses) is a proposed explanation for a phenomenon. For a hypothesis to be a scientific hypothesis, the scientific method requires that one can test it. Scientists generally base scientific hypotheses on previous obser ...
; if 100 witnesses saw the same accident, and would each give roughly the same description of the event, the testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter.
Etymology
The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness.
La ...
of each would be equally relevant, but it would be a waste of time or a needless presentation of cumulative evidence to have all 100 repeat the same facts at trial.
Preservation of the issue
To preserve legal error for review, objections must be raised.[Fed. R. Evid. 103(a)(1)] Often objections against the introduction of evidence are made on the basis of relevance. However, the rules and opinions demonstrate that relevant evidence includes a significant portion of typically offered evidence. Since objections are required to be specific and timely, merely objecting on the basis of relevance, without more, may prevent the review of legal error on appeal.[United States v. Wilson, 966 F.2d 243 (7th Cir. 1992)] More particularly, making an objection based on “relevance” does not preserve an error based on Rule 403. Cases that lack specific and timely objections are sometimes referred to as having "poor records" because errors made by the lower court may not be reviewed on appeal.
Public policy concerns
A variety of social policies operate to exclude relevant evidence. Thus, there are limitations on the use of evidence of liability insurance
Liability insurance (also called third-party insurance) is a part of the general insurance system of risk financing to protect the purchaser (the "insured") from the risks of liabilities imposed by lawsuits and similar claims and protects the i ...
, subsequent remedial measures, settlement offer
A settlement offer or offer to settle is an offer to resolve an outstanding issue or account. This may involve a statutory offer to compromise in a civil lawsuit. In either case, it involves communication from one party to the other suggesting a ...
s, and plea negotiation
A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or ''nolo contendere.'' This may mean that the defendant ...
s, mainly because it is thought that the use of such evidence discourages parties from carrying insurance, fixing hazardous conditions, offering to settle, and pleading guilty to crimes, respectively.
Canada
The Canadian judiciary system
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudication, adjudicates legal disputes/disagreements and interprets, defends, and app ...
utilizes the term "probative", which also signifies "prove to be worthy".[''The Queen v. Wray''](_blank)
971
Year 971 ( CMLXXI) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* Battle of Dorostolon: A Byzantine expeditionary army (possibly 30–40,000 men) ...
S.C.R. 272, 1970 CanLII 2 (S.C.C.), 1970-06-26, p.273, Accessed 2007-01-05
History of legal doctrine
In 1970, the Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
was concerned with exclusionary discretion within the judicial system. In R. v. Wray, the term "probative value" is used to explain that "judges in criminal cases do not have a discretion to exclude evidence because of how it was obtained."
The sole discretion to exclude evidence is based on the weighing of prejudicial value and probative value. Where the material evidence
''Material Evidence'' (Russian: Вещдоки) is an international exhibition first presented in Russia in 2013 by Vladislav Shurigin and Denis Tukmakov with direct financial support from ''Zhurnalistskaya Pravda'' (Journalistic Truth), a Moscow ...
is being considered for exclusion:
Judges may face the need to weigh the probative value versus the prejudicial
Prejudice can be an affective feeling towards a person based on their perceived group membership. The word is often used to refer to a preconceived (usually unfavourable) evaluation or classification of another person based on that person's per ...
impact in nearly any case. A part of this is symbolized by a weighing scale
A scale or balance is a device used to measure weight or mass. These are also known as mass scales, weight scales, mass balances, and weight balances.
The traditional scale consists of two plates or bowls suspended at equal distances from a ...
and represents justice
Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
.
Australia
Australian rule of evidence is a mixture of statute and common law, together with the rules of court. It has a uniform ''Evidence Act'' (UEA or the "Act") that consists of Acts of the Commonwealth
A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...
, New South Wales
)
, nickname =
, image_map = New South Wales in Australia.svg
, map_caption = Location of New South Wales in AustraliaCoordinates:
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, es ...
, Victoria
Victoria most commonly refers to:
* Victoria (Australia), a state of the Commonwealth of Australia
* Victoria, British Columbia, provincial capital of British Columbia, Canada
* Victoria (mythology), Roman goddess of Victory
* Victoria, Seychelle ...
, Tasmania
)
, nickname =
, image_map = Tasmania in Australia.svg
, map_caption = Location of Tasmania in AustraliaCoordinates:
, subdivision_type = Country
, subdi ...
, the Australian Capital Territory
The Australian Capital Territory (commonly abbreviated as ACT), known as the Federal Capital Territory (FCT) until 1938, is a landlocked federal territory of Australia containing the national capital Canberra and some surrounding townships. ...
, and the Northern Territory
The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an states and territories of Australia, Australian territory in the central and central northern regions of Australia. The Northern Territory ...
. This therefore applies in most, but not all, states and territories of Australia
The states and territories are federated administrative divisions in Australia, ruled by regional governments that constitute the second level of governance between the federal government and local governments. States are self-governing p ...
. The rules of evidence work to ensure that criminal trials are conducted in a manner that is fair to both parties in the proceedings, with distinct focus on testing of evidence.
Relevance and admissibility
As per Barwick CJ in Wilson, "The fundamental rule governing the admissibility of evidence is that it be relevant. In every instance the proffered evidence must ultimately be brought to that touchstone."
The scheme of Chapter 3 of the Act deals with admissibility of evidence.[''Evidence Act'' 1995](_blank)
s 56. Evidence which is relevant is generally admissible, and evidence which is irrelevant is inadmissible. Evidence is relevant if it is evidence which, if accepted, could rationally affect (directly or indirectly) the assessment of the probability of a fact in issue in the proceedings. Since evidence that is relevant has the capability to affect the assessment of the probability of the existence of a fact in issue, it is "probative". This determination is known as logical relevance. Logical relevance merely requires evidence have a logical connection to the facts in issue. But neither s 55 nor s 56 of the Act requires that evidence be probative to a particular degree for it to be admissible. Evidence that is of only some, even slight, probative value will be admissible, just as it is at common law. Therefore, evidence is either relevant or it is not and if the evidence is not relevant then no further question arises about its admissibility. However, logical relevance isn't sufficient to establish the potential admissibility of the evidence and is still possible for the evidence to be inadmissible. This determination is known as "legal relevance" as opposed to logical relevance and sets a demanding test for discretionary exclusion (but one that is not obligatory) where its probative value is substantially outweighed by the danger that the evidence might be unfairly prejudicial. Once the legal relevance of the evidence is established, the exclusionary principles and exceptions to those principles are also to be considered.
Tendency and coincidence evidence
The definitions of these types of evidence and how they may be used differ slightly among some the. Under Victoria's ''Evidence Act 2008'':
*Tendency evidence is evidence that allows the jury to reason that the accused had committed the crime before, has a propensity to do such a thing, and that it is likely that they did it again on the occasion in question.
*Coincidence evidence is evidence using the unlikelihood of two or more events occurring coincidental
A coincidence is a remarkable concurrence of events or circumstances that have no apparent causal connection with one another. The perception of remarkable coincidences may lead to supernatural, occult, or paranormal claims, or it may lead to ...
ly in order to prove that a person did a particular act.
Judges have to determine whether these types of evidence, based on how the parties are looking to use the evidence; this determines which admissibility test applies, and what directions to give to the jury.[
John Stratton, NSW Deputy Senior Public Defender, opined at a 2008 legal conference that there was no clear dividing line between the two, although some cases had determined precedents for use. He thought that "the tendency and the coincidence principles should be regarded as alternative and overlapping avenues by which material may be introduced into evidence".
]
Relevance and reliability
Reliability considers the probative force of the evidence (the legal relevance), rather than the evidence's ability to affect the probability of the existence of a fact in issue (the logical relevance).
IMM v R
' 016
HV-016 is a former military unit of Norway, that was a part of the Home Guard. It was established after 1985 to "stop terror- or sabotage actions that could weaken or paralyze Norway's ability to mobilize its military and its ability to resist".
...
HCA at 3 9
See also
*Evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field.
In epistemology, evidenc ...
*Prejudice (legal procedure)
Prejudice is a legal term with different meanings, which depend on whether it is used in criminal, civil, or common law. In legal context, "prejudice" differs from the more common use of the word and so the term has specific technical meanings.
...
References
{{Authority control
Evidence law
Common law legal terminology