Also known as: probative evidences · probative
Written by attorneys · grounded in primary & secondary sources — see below
Evidence having a tendency to make a fact of consequence in the action more or less probable than it would be without the evidence.
Perry Pratt testifies for the defense in a fraud trial. On cross-examination the prosecutor asks whether Pratt once submitted a false expense report at a prior job. The court permits the question because the inquiry bears on Pratt's character for truthfulness.
Pavel Petrov faces trial for arson. The government offers evidence that Petrov previously set a controlled fire at another property to collect insurance. The court admits the evidence after finding the jury could reasonably conclude Petrov committed the prior act and that its probative value on intent is not substantially outweighed by prejudice.
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Pamela Phillips is on trial for theft. The government seeks to introduce her prior felony conviction for embezzlement. The court admits the conviction after determining that its probative value on credibility outweighs its prejudicial effect to Phillips as the defendant.
Patrick Phan is prosecuted for being a felon in possession of a firearm. Phan offers to stipulate that he has a prior felony. The government nevertheless seeks to introduce the full record of the conviction. The court excludes the details because their probative value is substantially outweighed by the risk of unfair prejudice.
Parker Phillips sues a chemical company for groundwater contamination. His expert bases a causation opinion on unadmitted sampling reports and internal risk assessments. The court allows the opinion after finding that environmental scientists reasonably rely on such materials and that their probative value in evaluating the opinion substantially outweighs any prejudicial effect.
Pearl Porter offers photographs of a prior similar accident to prove a defendant's notice of a dangerous condition. The court excludes the photographs after concluding that their probative value is substantially outweighed by the danger of unfair prejudice and confusion of the issues.
A court determines whether the evidence tends to make a fact of consequence more or less probable. The inquiry focuses on the logical connection between the evidence and the fact it is offered to prove or disprove.
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A court may exclude probative evidence when its probative value is substantially outweighed by dangers such as unfair prejudice, confusion of the issues, or misleading the jury.
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When an expert relies on facts or data that are themselves inadmissible, the proponent may disclose those facts or data to the jury only if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect.
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Rule 608(b) permits inquiry into specific instances of conduct on cross-examination only if those instances are probative of the witness's character for truthfulness or untruthfulness.
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…faced in this case with the question whether a State might be required to defer to the decision of a surrogate if competent and probative evidence established that the patient herself had expressed a desire that the decision to terminate life-sustaining treatment be made for her by that individual. Petitioners also adumbrate in their…