Character Evidence

Question 1

What is Character Evidence

Answer 1

• Party
• Victim
• Trait (Propensity)

Generally, exclude, UNLESS:
* Criminal: D can offer character about D or Victim, then P can rebutt. (Pertinent, and in reputation or opinion).
* Criminal: P CANNOT offer first. D MUST open the door.
* Civil: required part of element for cause of action (negligent entrustment, negligent hiring, defamation, etc.).

Question 2

Habit Evidence

Rule 406

Answer 2

“Evidence of habit is used to show that particular conduct conformed with such habit.”

Admissible because it is evidence of what the P PROBABLY did, NOT because it is evidence of what P did on prior occasions.