Evidence

Question 1

D’Nice

Answer 1

defamation
negligent (hire, supervice, or entrust)
immigration
child (custody)
entrapment

Question 2

When a person’s character trait is an element of a crime, or defense, what kind of character evidence can a party use?

Answer 2

Any, there are no specific limitation on the type of evidence the party can use to prove it.

Question 3

P falls on a slippery floor in a mall and the manager says, I know that there is slush from the snow outside in here, but your 4 inch heels is the reason for the fall. We’ll agree to pay your medical bills.” Is the P allowed to admit the “I know there is slush…in here” phrase in court? Why?

Answer 3

No because FRE bars
1) offers of compromise, or
2) any statement made during compromise negotiations to
a) prove/disprove a disputed claim or
b) to impeach on a prior inconsistent statment.

Question 4

When can evidence of the victim’s sexual behavior come into evidence

Answer 4

• when during a crimina case, AND
  - when the prosecution is entering evidence of past sexual encounters with the defendant
  - when offered by D to show consent
  - When offered by the D to show somone else did the crime
  - Evidence is needed to avoid violation of D’s consitutional rights
• In CIVIL cases when the evidence’s probabative value subtantially outweighs the danger of unfair prejudice.

Question 5

In a criminal sexual assault case, the prosecutor intends to introduce evidence of the defendant’s past sexual assault on another victim. How many days must the prosecutor give notice before the trial?

Answer 5

15 days

Question 6

Who can “open the door” to character evidence?

Answer 6

ONLY the defendant. He must first offer evidence of D’s (pertinent) character trait), OR the victim’s (pertinent) character trait before the prosecution can offer rebuttal character evidence.

Question 7

What is the difference between a habbit and a character trait?

Answer 7

A habit is a specific response to a recurring situation, often reflexive, whereas character is a general behavior trait.

Question 8

When can the prosecution FIRST offer character evidence?

Answer 8

ONLY in a homicide case after the defense introduces evidende that the victim was the initial agressor.