This question should be answered in IRAC format. Please also include all relevant keywords, terms and phrases when discussing each topic.
Daniel, a sick practical joker, rigged up a homemade gadget on his desk to shoot the next person who entered his office. Rob, the unlucky recipient of this joke, sued Daniel for battery. At trial Rob sought to prove the seriousness of his injuries by offering a photograph of himself taken by a co-worker at the time he was receiving first aid. The photograph shows his open wounds and a tortured expression on his face.
In making a determination whether to exclude the photograph as more prejudicial than probative, what factors should the trial judge consider?
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First, consider how the photographic evidence being offered is related to the underlying cause of action of battery. Then, consider what is contained in the photograph and the kind of reaction it may elicit from the jury.
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