Capsules 2-6 cover topics related to relevance and admissibility. Capsule 2 introduces relevance. Capsule 3 addresses the concept of probative value. Capsule 4 looks at prejudicial effect. Capsule 5 covers the discretion to exclude, while Capsule 6 examines the relationship between probative value and witness credibility.
As always, a few caveats:
- Needless to say, this is not legal advice. It is designed to provide introductory explanations of certain topics in the law of evidence.
- These materials were designed for my students taking part in the Flipped Classroom – as such they are NOT supposed to be comprehensive or exhaustive of the subject.
- They were made with time constraints in mind. There are errors throughout, and though I feel confident about the product generally, I did not attempt to correct every mistake made. The goal was to put a good product together in a short period of time.
- Often, in the interests of time, certain points are generalized. This doesn’t mean they’re “wrong”, but nuances are often fleshed out in the course materials or in class. Rather than include caveats with every sentence, I sometimes make broad generalizations even though I’m aware there might be exceptions that can occasionally arise. Again, the goal is to promote a generalized understanding that provides a platform for deeper learning.
- I will heartily disavow any attempt to rely upon these in conflict with another Professor, judge, lawyer, etc. Thus, anyone who says “yes, but Professor Sankoff said X”… will receive no support from me! Especially where exams are concerned, it is always good practice to follow your Professor’s view of the law. If this material helps you, by all means use it, but do so with care.
Capsule 2 – Relevance
Capsule 3 – Probative Value
If you wish to get a more detailed breakdown of the probative value concept, and how it may have been affected by the Supreme Court’s decision in R v Hart, 2014 SCC 52, check out my video blog on the topic.
Capsule 4 – Prejudicial Effect
Capsule 5 – The Discretion to Exclude
Capsule 6 – Probative Value and Witness Credibility