What is the test of relevance, relevance and abuse of discretion in determining the admissibility of evidence at trial?

California, United States of America


The following excerpt is from People v. Davidson, B223722 (Cal. App. 2012):

"Only relevant evidence is admissible [citations], and all relevant evidence is admissible unless excluded under the federal or state Constitutions or by statute. [Citations.] The test of relevance is whether the evidence 'tends "logically, naturally, and by reasonable inference" to establish material facts such as identity, intent, or motive.' [Citation.] The trial court has broad discretion in determining the relevance of evidence, but lacks discretion to admit irrelevant evidence. [Citation.] We review for abuse of discretion a trial court's rulings on the admissibility of evidence. [Citations.]" (People v. Benavides (2005) 35 Cal.4th 69, 90.)

Other Questions


What is the test for abuse of discretion in determining relevancy and admissibility of evidence? (California, United States of America)
In a claim of error in the admission of evidence, can the trial court abuse its discretion to allow evidence to be admitted on appeal? (California, United States of America)
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
What is the standard of review for abuse of discretion in the context of a trial court's ruling on the admissibility of evidence? (California, United States of America)
What is the test for abuse of discretion on relevance and the exclusion of evidence under the Evidence Code? (California, United States of America)
Does the abuse of discretion standard apply to a ruling by a trial court on the admissibility of evidence? (California, United States of America)
Does the trial court abuse its discretion to exclude prejudicial evidence at trial? (California, United States of America)
Does the trial court abuse its discretion when it finds evidence of malice relevant? (California, United States of America)
What is the test for abuse of discretion in determining whether a judge abused discretion in finding that a plaintiff's photographs were prejudicial? (California, United States of America)
Does the trial court abuse its discretion to exclude prejudicial evidence at trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.