New York Law (NYLE) Practice Exam

What must a trial judge do with evidence that is deemed prejudicial?

1. Exclude it if it does not assist the jury

2. Admit it for consideration

3. Present it without limitation

4. Review it only if requested by either party

The correct answer is: Exclude it if it does not assist the jury

A trial judge has a critical role in ensuring that the evidence presented in court is fair and just. When evidence is deemed prejudicial, it means that it has the potential to unfairly sway the jury's perception or emotions, rather than contributing to a rational consideration of the facts. The determination of whether evidence is prejudicial involves weighing its potential for harm against its probative value—how useful it is for proving a point relevant to the case. In this context, if the evidence does not assist the jury in making a valid and informed decision regarding the facts of the case, the judge is obliged to exclude it. This safeguards the integrity of the trial process, ensuring that the jury is not misled by information that could lead them to a biased or irrational conclusion. The goal is to promote a fair trial where decisions are based on relevant and probative evidence rather than on emotional reactions elicited by prejudicial material. The other options imply actions that would not serve the interests of justice. Admitting evidence without limitation or presenting it as a matter of course could lead to a situation where a jury is influenced by irrelevant or inflammatory information. Furthermore, reviewing evidence only upon request by either party does not place the necessary obligation on the judge to actively ensure a fair