Paralegal Certification PrepLegal Terminology and ConceptsHard
A paralegal is assisting an attorney with a complex corporate litigation case. The attorney explains that some information, even if relevant, may be excluded from evidence if its probative value is substantially outweighed by the danger of unfair prejudice. This principle is codified in the Federal Rules of Evidence and is known as:
- AThe Hearsay Rule
- BThe Parol Evidence Rule
- CRule 403 Exclusion
- DThe Rule Against Perpetuities
Show answer & explanationAnswer & explanation
Correct answer: C. Rule 403 Exclusion
Federal Rule of Evidence 403 allows a court to exclude relevant evidence if its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
Why the other options are wrong
- A. The Hearsay Rule excludes out-of-court statements offered for the truth of the matter asserted, not based on prejudice vs. probative value.
- B. The Parol Evidence Rule relates to contract interpretation, limiting extrinsic evidence that contradicts a written agreement.
- D. The Rule Against Perpetuities is a property law concept, not an evidentiary rule.
FRE 403 Exclusion
Federal Rule of Evidence 403 permits a court to exclude relevant evidence if its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
- Applies even to relevant evidence.
- Requires a 'substantial' outweighing of probative value.
- Common grounds: unfair prejudice, confusion, delay.
Memory trick: FRE guides what's fair for the jury's ears.