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25. Which of the following standards of admissibility should the court apply to evidence proffered as relevant to prove whether a contract was formed?
In a civil action for breach of an oral contract, the defendant denied having entered into a contract with the plaintiff, although he admitted that he had discussed doing so.
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The concept of «relevance» is the cornerstone of the law of admissibility of evidence. FRE 401 lays out the test for whether evidence is relevant as a preliminary determination of admissibility: «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.»
B is correct. This is the proper standard for determining whether the proffered evidence is relevant to whether a contract was formed. FRE 401(a) establishes the test for relevancy as having «any tendency to make a fact more or less probable than it would be without the evidence.» Therefore, this answer choice is the correct statement of the applicable law.
A is incorrect. This is not the correct test for determining relevancy. As explained above, relevancy is established when evidence has any tendency to make a fact more or less probable than it would be without the evidence.
C is incorrect. The judge determines admissibility and the jury determines the sufficiency of the evidence. It would be impossible for a party to build a case if every piece of evidence had to be sufficient to prove the point in dispute.
D is incorrect. This states the preponderance of the evidence standard, which is applied by the jury in civil trials. It is not applied by the court to determine whether a particular piece of evidence can be considered by the jury on the ultimate question. Thus, this answer confuses the standard of proof used by the jury with the standard of admissibility used by the judge.