Character Evidence

Question 1

Why admit character evidence?

Answer 1

-Character directly at issue (e.g., custody)
-Circumstantial evidence (propensity)
-Impeachment

Question 2

Means of proving character

Answer 2

-Specific acts
-Opinion testimony
-Reputation testimony

Question 3

Crim case–IF D opens the door to D’s character THEN Gov can

Answer 3

-Cross examine character witness
-Call Gov character witness
-NO extrinsic evidence

Question 4

Crim victim character

Answer 4

-D can introduce for relevant trait BUT Gov can rebut with D character AND Victim character evidence
-IF homicide AND D claims self-defense AND D uses V first aggressor evidence THEN Gov can rebut with V’s peacefulness
-D can introduce V character in the show D’s state of mind at the time

Question 5

Sexual Assault Victim Character in Crim Case

Answer 5

Inadmissible EXCEPT:
-Victim’s behavior to show that someone other than D was the source of injury
-Physical evidence
-Show consent

Question 6

Victim Evidence, Civil Sexual Assault Case

Answer 6

admissible IF probative value substantially outweighs unfair prejudice

Question 7

Civil Case Propensity Evidence

Answer 7

admissible IF character is needed for an essential element (e.g., defamation, negligent, hiring, or entrustment, child custody)

Question 8

Civil case misconduct evidence admissible IF

Answer 8

MIMIC
-Motive
-Intent
-Mistake, absence of
-Identity
-Common scheme or plan

Question 9

Crim notice for character evidence

Answer 9

-Prosecutor must give notice of non-propensity purpose

Question 10

When is MIMIC evidence admissible?

Answer 10

-D must be contesting the issue
-D DOES NOT need to open the door

Question 11

Similar misconduct in sex crime case

Answer 11

IF case involves sexual assault OR child molestation THEN D’s similar acts admissible for any relevant purpose, including propensity

Question 12

Authentication

Answer 12

writings must be authenticated by proof, sufficient to support a jury finding of genuineness

Question 13

Methods of authentication

Answer 13

-Opponent admission
-Eyewitness testimony of someone with knowledge
-Handwriting verifications by expert, lay witness with pre-existing knowledge, OR jury comparison

Question 14

Ancient document rule

Answer 14

Any document can be authenticated IF
-20+ years old AND
-Nonsuspicious condition AND
-Found in a place where such writing would likely be kept

Question 15

Reply letter authentication

Answer 15

Authenticate IF there is evidence that it was written in response to communication sent to the alleged author

Question 16

Photo and video authentication

Answer 16

-Authenticate IF identified by a witness as fair and accurate representation
-Witness needs personal knowledge

Question 17

Best Evidence Rule and Exceptions

Answer 17

-IF writing, record, or photo AND terms are material THEN must produce original
-Secondary evidence admissible ONLY IF
-Good reason for not producing original OR
-Witness has personal knowledge
-Summaries of voluminous records
-Certified copies of public records
-Writing of minor importance to litigation
-Opponent testified or gave written admission about the contents of the writing