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Relevance (law)
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. Probative is a term used in law to signify "tending to prove."〔(Hill, Gerald N., and Kathleen T. Hill. "Probative Legal Definition of Probative." ) The Free Dictionary by Farlex. July 2007. Farlex Inc. 2 July 2007.〕 Probative evidence "seeks the truth". Generally in law, evidence that is not probative (doesn't tend to prove the proposition for which it is proffered) is inadmissible and the rules of evidence permit it to be excluded from a proceeding or stricken from the record "if objected to by opposing counsel."〔 A balancing test may come in to the picture if the value of the evidence needs to be weighed versus its prejudicial nature.
==Under the Federal Rules of Evidence (United States)==
Until the Federal Rules of Evidence were restyled in 2011, Rule 401 defined relevance as follows:
"Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
This definition incorporates the requirement that evidence be both material ("of consequence to the determination of the action") and have probative value ("having any tendency to make the existence of any () fact...more probable or less probable than it would be without the evidence").〔Fisher, George. ''Evidence''. pp. 18–19. Foundation Press, 2002. ISBN 1-58778-176-X〕 The restyled Rule 401, however, separates these traditional concepts in order to make the rule clearer and more easily understood.〔''See'' (H.R. Doc. No. 112–28, at 117 (2011) )〕 The amended language essentially rewrites the rule as a test, rather than a definition, for relevance:
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.〔(Fed. R. Evid. 401 (2011) )〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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