Another issue that may be relevant here is conditional relevance. For example, the child's testimony in Problem 3-I at page 151, was only admissible after direct testimony of what the room actually looked like was offered AND it matched what the child had said. While this might also be classified as a 403 reliability question, I think it is better to look at it as a threshold relevance question. (2) Is the offered evidence hearsay? [FRE 801, et seq.] This is a difficult technical rules question…
Words 8784 - Pages 36