Evidence

Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence, and the fact is of consequence in determining the action. The threshold is very low; the item need not prove the point by itself.

No. The evidence remains relevant and generally admissible, and a party (especially the prosecution) may ordinarily prove its case with evidence of its choosing; but the court may consider the offer to stipulate when weighing probative value under FRE 403.

Under Old Chief v. United States, when the prior conviction is offered only to prove felon status, it is an abuse of discretion under Rule 403 to reject the stipulation and admit the name and nature of the conviction, because of the risk of unfair propensity prejudice. The court should accept the stipulation.

Under FRE 104(b), the proponent must introduce evidence sufficient to support a finding that the fact exists (a reasonable jury could find it by a preponderance); the court may admit the evidence on condition that such proof be introduced later.

The court decides whether a witness is qualified, a privilege exists, or evidence is admissible, by a preponderance of the evidence; in doing so it is not bound by the evidence rules except those on privilege.

Prior accidents are admissible if they occurred under substantially similar circumstances, to show a dangerous condition, the defendant's notice of it, or causation; they are not admissible merely to show that the defendant is generally careless. Rule 403 still applies.