Evidence

Question 1

Common non-character uses of prior acts evidence:
(I.e., prior acts evidence is admissible to prove )

Answer 1

MIMIC
1. Motive
2. Intent
3. Mistake (i.e., absence of mistake, knowledge)
4. Identity (extremely similar or unique prior act)
5. Common plan or scheme
[F17]

Question 2

Confidential Marital communications privilege

Answer 2

civil and criminal
Spousal communication during marriage is privileged; privilege begins with marriage and continues indefinitely
civil cases: a person may prevent the disclosure of any confidential communication made between himself and his spouse during their marriage, but this privilege may not be asserted when (i) spouses are adverse parties or (ii) either spouse is charged with a tort against the person or property of the other / against the minor child of either spouse.
same rule in criminal cases unless:
for (i) an offense committed by one spouse against the person or property of the other spouse or against the minor child of either,
(ii) the forgery by one spouse of the other spouse’s signature,
(iii) sexual assault, incest, or abuse of children

Applies even if spouses divorce after confidential communication was made
* Either spouse may invoke the privilege
A spouse can lose the privilege if he breaks confidentiality (relays a marital communication to a third party); the other spouse still retains the privilege

Observations can be communications if made under circumstances where it appears there was an intent for the observations to be confidential. [F17]

Question 3

neither spousal privilege applies when ___

Answer 3

(1) one spouse sues another, or
(2) spouse is charged with a crime against the other / the child of either

Question 4

Spousal testimony privilege (spousal immunity)

Answer 4

Married person cannot be compelled to testify against his spouse in any criminal proceeding

Applies to testimony about events before/during marriage; privilege expires upon divorce or annulment

in criminal cases, a spouse may be compelled to testify on behalf of the other spouse, but not against the other spouse, except for
(i) offenses committed by one spouse against the person/property of the other spouse or the minor child of either,
(ii) forgery by one spouse of the other spouse’s signature, or
(iii) sexual assault, incest, or abuse of children

• Only the witness-spouse may invoke the privilege (D cannot prevent a willing spouse from testifying against him)
  [J22]

Question 5

Rule 403 precludes evidence if ___

Answer 5

its probative value is substantially outweighed by the prejudicial effect. [J17]