Evidence - Character

Question 1

Character Evidence in CIVIL case

Answer 1

CE is INADMISSABLE unless character is in issue. No CE unless its offered to prove something substantive in the case (Defamation, child custody disuputes, fraud, negligent entrustment)

Question 2

When CE is essential element. (4)

Answer 2

Defamation cases, child custody disputes, fraud, negligent entrustment

Question 3

Character Evidence in CRIMINAL case

Answer 3

D’s character: D can open door by offering evidence of D’s good character. If he does htat, pros can offer Evidence of bad character for the same trait.
V’s character: D can open door by offering evidence of V’s bad character if Relevant to his defense (assault, battery - self defense). If D does that, Pros can offer evidnece of D’s bad character or the V’s good character for the same trait.
Specific Acts: Pros can offer Evidence of specific acts of misconduct if an independent basis exists. MIMIC - motive, intent, mistake/knowledge, identifty, common scheme or plan.

Question 4

A D does not put his character at issue…

Answer 4

merely by testifying. He places his credibility in issue and can be impeached.

Question 5

5 rules for CE in a CRIMINAL case

Answer 5

1. The prosectuion cannot introduce any reputation or opinion E of the D’s bad character if the PURPOSE is to show D acted in conformity with that character and commmitted the crime charged. (NO PROPENSITY EVIDENCE)
2. THe DEFENDANT is ALLOWED to introduce evidence of a RELEVANT good Character trait to show that he acted in conformity with that Character and DID NOT commit the crime.
   If the D introduces this E, he is limited to reputation and opinion evidence only, NOT evdience of specific acts or specific instances.
3. If the D does evidence of his good charactrer to show he didnt commit the crime, he has opened the door and then the PROSECUTOR can REBUT with E of D’s bad character.
   PROSECUTION is l;imited to rep or opinion evidence, NOT specific actsd or instances
4. Evidence of PRIOR CRIMES or PRIOR BAD ACTS are NEVER ADMISSABLE to show that D probably acted unlawfully again or committed the crime charged. HOWEVER, they MAY be admissible to show another POINT IN THE CASE. (Motive,Intent,Mistakeabsenceof,Identity,Commonschemeorplan!)
5. If the D testifies, he automatcially places his character for turthfulness AT ISSUE, so the PROS can then attempt to IMPEACH.

Question 6

3 rules for CE in a CIVIL case

Answer 6

1. CE in a CIVIL case is INADMISSABLE UNLESS it is DIRECTLY at issue, or is an ESSENTIAL ELEMENT of P’s CLaim or defense. (NO PROPSENITY EVDIENCE).
   CE is DIRECTLY at issue in DEFAMATION (P’s Ch), Child custody (Parent’s CH), FRAUD (D’s CH), NEGLIGENT ENTRUSTMENT (Trustee’s ch).
2. If the litigant has some other PURPOSE for the introduction for the CE (other than propensity), then the rule prohibiting CE will not keep it out.
3. if a party testifies, he automatically places his CH for truthfulness or untruthfullness at issue.

Question 7

Evidence of other events in civil cases

Answer 7

Evidence of other events in civil cases are likely to be relevant for different reasons than those in criminal cases –
to show dangerousness, notice, value, feasibility, or ownership, or to rebut a defense of impossibility,
but only if a foundation of substantial similarity of conditions is laid.

Question 8

CE is DIRECTLY at issue in …. [4 TYPES OF CASES!].
And WHO’s CH is at issue????!!!

Answer 8

CE is DIRECTLY at issue in DEFAMATION (P’s Ch), Child custody (Parent’s CH), FRAUD (D’s CH), NEGLIGENT ENTRUSTMENT (Trustee’s ch).

Question 9

a criminal defendant is permitted to introduce evidence that he possesses a character that is _____

Answer 9

a criminal defendant is permitted to introduce evidence that he possesses a character that is inconsis- tent with the crime charged. [Fed. R. Evid. 404(a)(1)

Question 10

Is reputation evidence to prove character HEARSAY?

Answer 10

reputation evidence to prove character is admissible under a hearsay exception. If the witness’s proposed testimony pertained to a relevant character trait, the hearsay rule would pose no barrier to its admission.

Question 11

The INTENT in MIMIC…

Answer 11

evidence is admissible to show the accused’s knowledge or to show lack of mistake. This evidence, then, may be admitted to show the defendant’s intent to commit criminal fraud.
Intent = YOU KNEW WHAT YOU WERE DOING = knowledge

Question 12

Although, the basic rule is that when a person is charged with one crime, extrinsic evidence of ____ is ___ if such evidence is offered solely to establish a criminal disposition, evidence of other crimes or misconduct may be admissible for _____ whenever these issues are relevant in either a criminal or a civil case.

Answer 12

Although, the basic rule is that when a person is charged with one crime, extrinsic evidence of other crimes or misconduct is inadmissible if such evidence is offered solely to establish a criminal disposition, evidence of other crimes or misconduct may be admissible for other purposes that are independently relevant to some other issue, such as to show identity, plan, or motive whenever these issues are relevant in either a criminal or a civil case.