IL Bar Practice Questions - Illinois Bar Examination Exam

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A party offers a relevant photograph, but the opposing party argues its gruesome nature will inflame the jury. Under FRE 403, when may the court exclude relevant evidence?

When the probative value is substantially outweighed by the danger of unfair prejudice, confusion, or misleading the jury Whenever the evidence is prejudicial in any degree Only when the evidence is irrelevant Never, because all relevant evidence must be admitted

Correct Answer:

When the probative value is substantially outweighed by the danger of unfair prejudice, confusion, or misleading the jury

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