If I were the judge, I would overrule the objection and admit the note. It has some tendency to prove a connection among the alleged conspirators.
You can see that the debate over probative value is usually over degree of probativeness, not over whether it truly has zero probative value. Degree of
probativeness is important for Rule 403 balancing, which we will get to shortly.
So far we have been dealing with the logical connection part of relevancy. Let's look at the legal materuiality part. Suppose Plaintiff sues Ford under the products liability laws because his 2002 Excursion rolled over after skidding in the rain and he is injured. Plaintiff calls the head of Ford's customer service department and asks whether Ford received any other complaints about earlier models of the Excursion rolling over. Is the evidence relevant?
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