B. Relevancy

Question 1

Character Evidence

How may D’s good character be introduced as evidence in civil cases?*

Answer 1

ONLY after D’s good character directly called into question by evidence of bad character
ONLY by testimony as to general reputation in the community

W’s Personal first-hand opinion of D’s character is inadmissible.

Question 2

Character Evidence

Civil/Criminal case: When can reputation tesitmony and specifics acts be admitted?

Answer 2

When character is an essential element of a crime, charge, claim or defense

Question 3

Character Evidence

Criminal cases - How may D offer evidence of his character

Answer 3

Personal opinion of W as to the good character
The character must relate to the trait involved on the crime charged

Question 4

Criminal case - What are the consequences of D’s offering of good character evidence

Answer 4

Prosecution may, in its rebuttal, offer** testimony of D’s bad reputation** with respect to the relevant character trait.

Prosecution can prove any D’s** prior convictions** to negate the character trait at issue

Question 5

Criminal case - How can prosecution show that D’s W for good reputation is inconsistent.

Answer 5

D’s W may be asked on X-ex whether has heard that defendant has been convicted of a crime or engage in conducduct other for that D is charges. This should be inconsisted with the reputation

Question 6

Character Evidence

When may character evidence (prior uncharged similar crimes or acts /specific instances of bad conduct) be admissible?*

Answer 6

1) Probative value > Possible ‘unfair’ prejudicial effect

2) Tends to prove/disprove material issue in case
- NOT to prove criminal propensities:
- Motive
- Intent
- Absence of Mistake/Accident absence
- Identity
- Common scheme
- Opportunity
- Preparation
- Necessary backgorund information
- Conduct inextricably interwoven with the charged crimes
- A complete narrative of the subject event o matter

Question 7

Character Evidence

How may habit/reutine practice or a organization evidence be admissible in civil cases?*

Answer 7

• To prove D acted in conformity
• Showing of a sufficient number of instances of the conduct in question

1. Deliberate
2. Repetitive practice
3. By person in ‘complete control’ of circumstances

Opposed to: - NOT frequent + likely to vary