Section 1.9 Competency, Materiality, Relevancy, Probability, and the Reasonable Juror

• Library: Sources of Proof (2014 Ed.)

D. (§1.9) Competency, Materiality, Relevancy, Probability, and the Reasonable Juror

Although the distinctions between “competency,” “materiality,” and “relevancy” should be clear, the words are often used interchangeably with resulting confusion. A clear understanding of their meaning is necessary for several reasons, one of which is that an objection at trial on the wrong assigned ground may be overruled without error. The discussion that follows refers to the objection opposites of these words.

“Incompetency” as an objection is to be reserved for (1) witnesses rendered incompetent because of age, mental condition, incapacity, etc., or (2) evidence, such as confessions, illegally obtained evidence, hearsay, state or trade secrets, etc., that is incompetent under some exclusionary rule based on considerations of policy other than obtaining the “truth.” Federal Rules of Evidence 601 et...