Bevis

Generell regel (føderal / flertall)

FRE 401 asks only whether the fact is of consequence. A stipulated or uncontested fact is still of consequence, so evidence about it stays relevant. Any objection must come under FRE 403.

California

Cal. Evid. Code § 210 requires a disputed fact of consequence. Once a fact is stipulated or not in dispute, evidence offered only to prove it is irrelevant and inadmissible under § 350, before any § 352 balancing.

Generell regel (føderal / flertall)

FRE 403: the court may exclude relevant evidence if its probative value is substantially outweighed by a listed danger. The dangers are unfair prejudice, confusion, misleading the jury, undue delay, waste of time and needless cumulative evidence.

California

Cal. Evid. Code § 352: the same balance in California words. The court may exclude evidence whose probative value is substantially outweighed by the probability of undue consumption of time. The same applies to a substantial danger of undue prejudice, confusion or misleading the jury.

Generell regel (føderal / flertall)

FRE 104 has two boxes. Under 104(a) the judge decides admissibility facts by a preponderance. Under 104(b) facts of conditional relevance go to the jury on evidence sufficient to support a finding. Whether a declarant was the party’s agent or co-conspirator is a 104(a) question (Bourjaily).

California

The CEC uses the same split: § 403 facts go to the jury on sufficient evidence, and § 405 facts go to the judge. But for authorized and co-conspirator admissions, §§ 1222(b) and 1223(c) require only evidence sufficient to sustain a finding.