Delaware Jury Instruction - Cautionary Instruction - Similar Acts Evidence - Rule 40 4(b), F.R.E.
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A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client (1) between the client or the client's representative and the client's lawyer or the lawyer's ...
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.
Pursuant to Rule 403, evidence will be deemed inadmissible (even if relevant) if its probative value is substantially outweighed by ?the danger of unfair prejudice, confusing the issue[], misleading the jury, undue delay, wasting time,? or the unnecessary presentation of cumulative evidence. Fed.
As submitted by the Court, Rule 611(b) provided: A witness may be cross-examined on any matter relevant to any issue in the case, including credibility. In the interests of justice, the judge may limit cross-examination with respect to matters not testified to on direct examination.
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
Essentially, Rule 403 is a balancing test of the probative value of evidence against the harm likely to result from its admission into court. For example, gruesome photographs in a murder case are not usually considered prejudicial as they show the victim's injuries, the crime scene, blood splatter and other evidence.
Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.