Character Evidence

Question 1

Character Evidence rule

Answer 1

character evidence = bad things party did in the past

INADMISSIBLE

Question 2

Character evidence in Civil Cases

Answer 2

admissible when character of defendant is in issue:
1. Defamation (libel/ slander/slander per se)
2. Child custody
3. Negligent entrustment
4. Misrepresentation

Question 3

Character evidence in criminal cases – D opens door

Answer 3

a. After plaintiff rests, Defendant may bring in evidence of their own good character but must be for either honesty/truthfulness OR peacefulness

b. Correct trait is based on the crime they are charged with – trying to negate the character trait of the crime

c. If they do admit their good character, then after the prosecution can admit their bad character

Question 4

character evidence in criminal cases - MIMIC

Answer 4

Motive; Intent; Mistake; ID; Common Plan/Scheme
a. Mistake can also be to show absence of mistake
b. Common plan/scheme = specific/personal/unique to that criminal (like a signature mark)