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'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. Evidence that is irrelevant has no bearing on any of the issues, and the rules of evidence exclude it.

Contents

Relevance and Admissibility

Public policy concerns

Relevance and Admissibility

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. Cumulative evidence may be excluded if it will waste the time and resource of the court. For example, if 100 witnesses saw the same accident, and would each give roughly the same description of the event, the testimony of each would be equally relevant, but it would be a waste of time to have all 100 repeat the same information at trial.

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, subsequent remedial measures, settlement offers, and plea negotiations, 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.