I have to prepare and submit a word document with a focus on Rule 403 answering the following questions:
1. What is the relationship between Rules 401 and 403?
2. What appears to have been the intent behind Rule 403? Does
the way in which it is worded tell you anything about its intended purpose? If
so, how?
3. A’s lawyer offers a piece of evidence. B’s lawyer objects,
citing Rule 403 and urging that the evidence must be excluded because it
“prejudices” B. Will this claim, by itself, result in an order
sustaining B’s objection and excluding the evidence in question? Why/why not?
4. Find and read three cases that address Rule 403. Each case
has to have been decided by either a federal circuit court, the Arizona Supreme
Court, or the Arizona Court of Appeals.
5. Cite the cases. In discussing each case, talk enough about
the underlying facts enough to illuminate the “403” issue. What does
the case tell you about how Rule 403 should be interpreted and applied? Do you
agree with the Court’s conclusion(s) about Rule 403? Why/why not?