California Private Investigator Practice Exam

What is the key factor in determining the admissibility of evidence?

1. Expert opinion

2. Relevance and probative value

3. Public perception

4. Witness credibility

The correct answer is: Relevance and probative value

The key factor in determining the admissibility of evidence is relevance and probative value. Evidence must be pertinent to the case at hand and have the ability to prove or disprove a fact that is at issue. This criterion ensures that only information which directly impacts the case is allowed in court, as irrelevant evidence can distract or mislead a jury. Relevance is assessed on whether the evidence makes a fact that is important to the case more or less probable than it would be without that evidence. Probative value refers to the ability of the evidence to contribute to the proof of that fact. Therefore, evidence that is both relevant and has a strong probative value is more likely to be admitted in court proceedings. In contrast, other factors such as expert opinion, public perception, and witness credibility, while important in different contexts of a trial, do not primarily determine whether evidence is admissible. Expert opinion can lend credibility to evidence but does not alone establish admissibility. Public perception is not a legal criterion for evidence admissibility; the court relies on established legal standards. Witness credibility influences how the evidence is viewed but does not affect its initial admissibility. Thus, the focus on relevance and probative value as the determining factors for admissibility underscores the