Evidence

Question 1

What is relevance?

Answer 1

Any tendency of a fact to make it more or less probable that a cause of action did or did not occur. (Material and Probative).

Question 2

What does Rule 403 say?

Answer 2

The court has discretion to exclude relevant evidence if its probative value is substantially outweighed by prejudicial value.

Question 3

What are 4 common reasons to exclude relevant evidence under Rule 403?

Answer 3

Waste of time
Emotionally disturbing
Repetitive
Confusing

Question 4

Generally, will evidence of some time, event, or person, other than the that involved in the current case, (similar occurrences) be admissible?

Answer 4

No

Question 5

What 2 times can P’s prior similar accidents be used against them as evidence?

Answer 5

To prove a pattern of making false claims,
to prove a prior existing injury.

Question 6

Other than prior accidents at times, what can prior similar occurrences be used as evidence to prove?

Answer 6

Causation, Intent, Values $, Business routine, Industry custom, To rebut a defense of impossibility.

Question 7

When can habit evidence be used?

Answer 7

To prove that one acted in accordance with the habit on the occasion in question.

Question 8

What are the 2 requirements to establish a habit?

Answer 8

Frequency of conduct,
Particularity of circumstances.

Question 9

What are the 4 main public policy grounds for excluding certain relevant evidence?

Answer 9

Liability insurance,
Subsequent remedial measures,
Settlements and plea bargains,
Payments/offers to pay medical expenses

Question 10

What is character evidence?

Answer 10

Evidence used to show that a person’s general propensity or disposition conforms to a certain conduct.

Question 11

What are the 4 times a prosecutor can use character evidence?

Answer 11

If D has opened the door (him or victim).
In sexual assault cases.
When character is essential element.
Impeachment.
MIMIC
If D claims self-defense in homicide.

Question 12

If a criminal defendant is using character evidence for himself, what is the requirement?

Answer 12

The character trait must be pertinent to the crime charged.

Question 13

What are the 3 types of character evidence?

Answer 13

Specific acts.
Opinion.
General reputation.

Question 14

When character evidence is allowed in a criminal trial, what kind can be used on direct exam?

Answer 14

Opinion or general reputation.

Question 15

What does MIMIC stand for?

Answer 15

Motive
Intent
Mistake
Identity
Common plan or scheme

Question 16

What are the 4 times character evidence can be used against a defendant in a civil trial??

Answer 16

Character is essential element.
Sexual assault cases.
Impeachment
MIMIC

Question 17

When in the only time a defendant can use a victim’s prior sexual acts against her in a civil trial?

Answer 17

When the probative value outweighs unfair prejudice.

Question 18

When are the only 2 times a defendant can use a victim’s prior sexual acts against her in a criminal trial?

Answer 18

To prove different source of injury or DNA.
To prove prior consensual relationship between D and P.

Question 19

When can character evidence generally be introduced (minus the exceptions) in criminal trials…civil trials?

Answer 19

Criminal-When defense wants to
Civil-Never

Question 20

What are the 3 common cases where character evidence is an essential element?

Answer 20

Defamation
Negligent hiring/entrustment
Child custody

Question 21

How many days before trial does a prosecutor need to disclose that he will use defendant’s prior sexual bad acts in the trial, without good cause?

Answer 21

15 days

Question 22

When can a prosecutor use specific bad acts as character evidence?

Answer 22

Only to rebut the defendant’s own character witness’ testimony, otherwise it must be opinion/reputation evidence to rebut from someone else.

Question 23

To use specific examples of a prior act for MIMIC reasons, what is the special requirement?

Answer 23

There must be sufficient evidence for the jury to believe that the prior specific act occurred.