We can work on The relationship between Rules 401 and 403

  1. What is the relationship between Rules 401 and 403?
  2. What appears to have been the intent behind Rule 403? Does the way in which it is worded tell you anything about its intended purpose? If so, how?
  3. A’s lawyer offers a piece of evidence. B’s lawyer objects, citing Rule 403 and urging that the evidence must be excluded because it “prejudices” B. Will this claim, by itself, result in an order sustaining B’s objection and excluding the evidence in question? Why/why not?
  4. Find and read three cases that address Rule 403. Each case has to have been decided by either a federal circuit court, the Arizona Supreme Court, or the Arizona Court of Appeals.
  5. Cite the cases. In discussing each case, talk enough about the underlying facts enough to illuminate the “403” issue. What does the case tell you about how Rule 403 should be interpreted and applied? Do you agree with the Court’s conclusion(s) about Rule 403? Why/why not?

Sample Solution

or, undefinable. Therefore, any claim which gives a definition of “goodness” is attributing goodness to something, rather than identifying what goodness itself, as a property, is. Moore accuses those who make this error of committing the “naturalistic fallacy”. He believes that moral naturalists — philosophers who maintain that moral properties exist and can be objectively studied, through biology and sciences — are primarily responsible for this mistake. Moore thought philosophers committed the naturalistic fallacy when attempting to define “good” by moving from one claim that a thing is “good” to the claim that “good” is that thing. Moore thought one could not identify “good” with a thing one believes is “good”. In order to test and determine whether an attempt at defining “good” is correct and not a concealed assignment is what Moore called the “open question argument.” Moore proposed that if “goodness” is a natural property, then there is some correct explanation of which natural property it is. For example, maybe “goodness” is the same property as “pleasantness”, or the same property as being “desirable”. Further, a correct property must be identified to fill in an identity statement of the form “goodness = __________”, or, “what is good is _________”. This kind of identity statement can be correct only if both terms on either side of the identity sign are synonyms for proficient speakers who understand both terms. Synonymy of the two terms is then tested through substitution of a term. Moore’s idea is that substitution of synonyms for one another preserves the original proposition that a sentence expresses. For example, using the sentence: “what is good is pleasant.” For this to pass Moore’s test, the sentence would have to express the same thing as “what is pleasant is pleasant.” Moore believed it was obvious that these two sentences do not express the same proposition. In thinking that what is good is pleasant, Moore thought one is not only thinking that what is pleasant is pleasant. According to Moore, there is an “open question” as to whether what is good is pleasant, and it can be understood when someone doubts the generated statement. However, there is no “open question” as to whether what is pleasant is pleasant, because this analytic truth cannot be doubted. Therefore, Moore thought that no substitution will pas>

or, undefinable. Therefore, any claim which gives a definition of “goodness” is attributing goodness to something, rather than identifying what goodness itself, as a property, is. Moore accuses those who make this error of committing the “naturalistic fallacy”. He believes that moral naturalists — philosophers who maintain that moral properties exist and can be objectively studied, through biology and sciences — are primarily responsible for this mistake. Moore thought philosophers committed the naturalistic fallacy when attempting to define “good” by moving from one claim that a thing is “good” to the claim that “good” is that thing. Moore thought one could not identify “good” with a thing one believes is “good”. In order to test and determine whether an attempt at defining “good” is correct and not a concealed assignment is what Moore called the “open question argument.” Moore proposed that if “goodness” is a natural property, then there is some correct explanation of which natural property it is. For example, maybe “goodness” is the same property as “pleasantness”, or the same property as being “desirable”. Further, a correct property must be identified to fill in an identity statement of the form “goodness = __________”, or, “what is good is _________”. This kind of identity statement can be correct only if both terms on either side of the identity sign are synonyms for proficient speakers who understand both terms. Synonymy of the two terms is then tested through substitution of a term. Moore’s idea is that substitution of synonyms for one another preserves the original proposition that a sentence expresses. For example, using the sentence: “what is good is pleasant.” For this to pass Moore’s test, the sentence would have to express the same thing as “what is pleasant is pleasant.” Moore believed it was obvious that these two sentences do not express the same proposition. In thinking that what is good is pleasant, Moore thought one is not only thinking that what is pleasant is pleasant. According to Moore, there is an “open question” as to whether what is good is pleasant, and it can be understood when someone doubts the generated statement. However, there is no “open question” as to whether what is pleasant is pleasant, because this analytic truth cannot be doubted. Therefore, Moore thought that no substitution will pas>

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