Topic: to be unfairly prejudicial, the evidence must have 'an undu… · Go Syfert
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Topic #2061

8 canonical passages across 8 cases, quoted by 141 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from United States v. Caraway.

#Case FlagCanonical passage Citers
1 United States v. Caraway Anchor
ca10 · 2008
green “to be unfairly prejudicial, the evidence must have 'an undue tendency to suggest decision on an improper basis, commonly, though not necessarily, an emotional one.” 27
2 United States v. Smalls
ca10 · 2010
green “exclusion of evidence under rule 403 that is otherwise admissible under the other rules is an extraordinary remedy and should be used sparingly.” 25
3 Sprint/United Management Co. v. Mendelsohn
scotus · 2008
green “on-the-spot balancing of probative value and prejudice, potentially to exclude as unduly prejudicial some evidence that already has been found to be factually relevant.” 25
4 United States v. Marmon Dennis Record
ca10 · 1989
green “it is only unfair prejudice, substantially outweighing probative value, which permits exclusion of relevant matter under rule 403.” 24
5 United States v. Youts
ca10 · 2000
green “identify specifically the permissible purpose for which such evidence is offered and the inferences to be drawn therefrom.” 11
6 Train v. City of Albuquerque
nmd · 2009
green “the rules of evidence contemplate the admission of relevant evidence, and the exclusion of irrelevant and potentially prejudicial evidence.” 11
7 United States v. Abel
scotus · 1984
green “assessing the probative value of proffered evidence, and weighing any factors counseling against admissibility is a matter first for the district court's sound judgment under rules 401 and 403....” 10
8 United States v. Ganadonegro
nmd · 2012
green “evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action.” 8

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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