B. Relevancy

Question 1

How may D’s good character (opinion testimony) be introduced as evidence in criminal cases?*

Answer 1

Through D’s knowledge of own general reputation in the community

NOT through Other’s personal first-hand knowledge of D’s character

Question 2

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

Answer 2

ONLY after D’s good character directly called into question by evidence of bad character

Question 3

When may character evidence (prior convictions/specific instances of bad conduct) be admissible?*

Answer 3

1) Probative value > Possible ‘unfair’ prejudicial effect

2) Tends to prove/disprove material issue in case
- NOT to prove criminal propensities

3) Can establish;
- Motive
- Intent
- Mistake/Accident absence
- Identity
- Common scheme

Question 4

When may habit/custom evidence be admissible in civil cases?*

Answer 4

1) Deliberate + Repetitive practice!!!
- NOT frequent + likely to vary

2) By person in ‘complete control’ of circumstances!!!

3) To prove D acted in conformity therewith!!!
- NOT to prove due care