Evidence Flashcards
When are specific acts of misconduct admissible?
If offered solely to establish a criminal disposition or bad character. These are the MIMIC crimes
When is evidence relevant?
When it tends to make the existence of any fact of consequence more or less probable.
When is character evidence admissible in civil cases?
Generally only if character is directly in issue (e.g. Defamation)
Who can initiate character evidence in criminal cases?
Generally, only the accused.
What are the MIMIC crimes?
Motive Intent Mistake (absence of) Identity Common plan or scheme
What are the factors that may substantially outweigh the probative value of otherwise relevant evidence?
Danger of unfair prejudice Confusing of the issue Misleading the jury Undue delay Waste of time Unduly cumulative
When is evidence of habit admissible?
When it shown as circumstantial evidence of how the person (or business) acted on the occasion at issue in the litigation.
What is the definition of a “habit?”
A repetitive response to a particular set of circumstances.
It has two defining characteristics: Frequency and particularity
Is evidence of liability insurance usually admissible?
No, for the purpose of proving fault or the absence of fault. However, it may be admissible to prove ownership or control of the instrumentality or location if that is disputed by the D OR to impeach a witness on the grounds of bias.
