Evidence

Question 1

Explain Relevance:

Answer 1

Under 401, evidence is relevant if it makes a fact more or less probable than without the evidence. Under 403, relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusing issues, misleading the jury, etc.

Question 2

Is character evidence admissible in a civil case?

Answer 2

Character evidence is NOTadmissible in a civil case unless it is an essential element of a claim or defense (Rare)

Question 3

Is character evidence admissible in a criminalcase?

Answer 3

Character evidence in a criminal case is NOTadmissible to prove the criminal has the propensity to commit crimes and thus is likely to have committed this crime.
However, Defendant may introduce his own good character evidence, but this opens the door.

Question 4

Are specific bad acts admissible?

Answer 4

Not admissible unless it falls under the MIMIC rule (motive, intent, absence of mistake, identity, or common plan).

Question 5

When can criminal convictions be used?

Answer 5

Criminal convictions can be used for impeachment if it is for crime involving dishonesty/false statement, crime was punishable by death or imprisonment for more than one year (felony).

Note: If it has been 10 years since the conviction or release date, the evidence will only be admissible if its probative value substantially outweighs the prejudicial effect.