Practice question
An item is highly persuasive on a disputed issue, but the court finds that a valid constitutional exclusion applies and has not been displaced by any applicable rule. The proponent asks the court to admit it because it is probably accurate. Which is sound?
- Accuracy always defeats the Constitution.
- The item remains excluded despite its relevance or apparent reliability.
- Reliability automatically creates a waiver for everyone.
- A judge may erase the exclusion merely by changing the exhibit number.
- All persuasive items must be admitted.
Legal references
- https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html — Rule 128 section 3: relevance and nonexclusion; Rule 130 sections 21–22 and 37: witness qualifications, knowledge and hearsay.
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