Evidence 16-20

Question 1

Prior Bad Acts may be admissible for NON-PROPENSITY purposes, such as?

Answer 1

Proving:

Motive;

Identity;

Absence of mistake or accident;

Intent;

A common plan or scheme;

Opportunity; OR

Preparation.

Priority: HIGH

Question 2

What must a proponent show in order to offer Prior Bad Acts as evidence?

Answer 2

That the prior act was committed by a preponderance of the evidence (vague references are insufficient).
AND

That’s its probative value substantially outweighs the danger of unfair prejudice.

Question 3

When is evidence of a person’s Habit or an organization’s Routine Practice admissible?

Answer 3

To prove that on a particular occasion the party acted in accordance with the habit or routine practice.

*This may be admitted regardless of corroboration or eyewitnesses.

Priority: Low

Question 4

Extrinsic Evidence of Prior Inconsistent Statements are only admissible to impeach if it’s what?

Answer 4

Relevant to a material issue at trial (other than the witness’s credibility); AND

A proper foundation is shown (witness is given a chance to explain/deny, and the adverse party is given a chance to examine the witness about it).

*BUT, the above limitation is NOT applicable to statements by a party opponent.

*CA = Prior inconsistent statement is admissible as non-hearsay when offered only to impeach a witness. It is also an exception to the hearsay rule.

Priority: Medium

Question 5

Under the FRE, when is evidence of Prior Convictionsadmissible to attack a witness’s character for truthfulness?

Answer 5

Prior felony or misdemeanor convictions involving dishonesty – a dishonest act or false statement.

In Felonies that DO NOT involve dishonesty, when:

The witness is not a defendant (criminal/civil);

In a criminal case where the witness IS a defendant, BUT the probative value outweighs the prejudicial effect.

*Evidence of a conviction is NOT admissible if it has been pardoned/annulled on a finding of innocence.

Priority: Medium