The adventures of a middle aged law student
Sunday, April 1, 2012
it's irrelevant
It's a funny thing, the things that trip you up. For some reason, the concept of relevance gets me hung up. I keep trying to fit it to the non-law use of the word, and that just doesn't fit.
What's relevant to my everyday life is not the same question as whether an item of evidence, or testimony, is relevant. Having a tendency to prove or disprove a disputed fact that is of consequence to the matter being tried. It must be probative and material.
The questions are close, on the surface. An example may help: when considering proffered testimony on a matter that has been properly stipulated to by the parties, then the testimony, while it may bear directly on the matter at hand, is legally irrelevant, because it is not a disputed fact.
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relevance
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