Practice question
A document strongly supports a disputed factual issue but was obtained through a method subject to a valid constitutional exclusion. Counsel says relevance alone makes it admissible. Which is correct?
- Every relevant item must be admitted regardless of legal exclusion.
- Constitutional exclusions apply only to irrelevant evidence.
- Strong proof can never be excluded.
- Relevance is necessary but not sufficient; Rule 128 section 3 also requires that the evidence not be constitutionally or legally excluded.
- Relevant evidence must always be conclusive.
Legal references
- https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html — Rule 128 sections 3–4: admissibility, relation to fact in issue and collateral matters; Rule 132 section 34: purpose of offer.
Answer this question in flashcards to review your response and continue practicing.