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Evidence

University of Michigan Law School

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Conditional relevance

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Full-Text Articles in Law

Refining Conditional Probative Value, Richard D. Friedman Jan 1995

Refining Conditional Probative Value, Richard D. Friedman

Articles

The subject of conditional relevance, or what I think is better called "conditional probative value," must seem hopelessly ard to many. It continues to engage the attention of evidence scholars, however, because it forms part of the conceptual underpinnings of many parts of evidentiary law. Dale'Nance, one of the most astute evidence scholars of our time, has previously written at length on the subject' and has done so now more briefly in response to an article of mine. I offer an even briefer continuation of the discussion.


Conditional Probative Value: Neoclassicism Without Myth, Richard D. Friedman Dec 1994

Conditional Probative Value: Neoclassicism Without Myth, Richard D. Friedman

Articles

The concept of conditional relevance is an essential aspect of the classical model of evidentiary law. Some of the great scholars of evidence have endorsed and shaped it.1 Under Federal Rule of Evidence 104(b) it plays a crucial role in the division of responsibility between judge and jury,2 as well as in the application of the personal knowledge3 and authentication 4 requirements. And the Supreme Court has applied it with great force.5 In recent years, though, the concept has come under attack from several notable scholars. The late Vaughn Ball led the assault, calling the concept a "myth."'6 Peter Tillers, …