Evidence of Character, Specific Acts, Habit

Question 1

what do you do if character is in issue

Answer 1

go nuts!!!!!!!!!!!! use opinion, rep, or specific acts to show propensity

Question 2

what do you do if character is not in issue

Answer 2

wait to see if ∆ opens the door

Question 3

what happens in a criminal case if ∆ opens the door re: character

Answer 3

you can use opinion or rep to prove the character of ∆, victim, or witness

Question 4

what happens in a civil case if ∆ opens the door re: character

Answer 4

you can use opinion or rep to prove character of witness

Question 5

what can you use evidence of extrinsic acts for

Answer 5

to show
M- motive
I- intent
M- absence of mistake
I- identity
C- common scheme or plan

Question 6

what are the pre reqs for using evidence of extrinsic acts

Answer 6

∆ must get pre trial notice

Some jdx require the other act be close in time/ similar in nature

Question 7

what is the standard of proof for evidence of extrinsic acts

Answer 7

proof must be sufficient for reasonable jury to think it happened

Question 8

what are the special rules for evidence of extrinsic acts ~diddling edition~

Answer 8

prior similar acts are admissible for kid diddling, but need notice

prior similar acts are admissible for sexual assault, b ut need notice

Question 9

what is the rape shield

Answer 9

can’t use evidence of victim’s sexual history UNLESS proving another man was source of semen, or to show prior consensual sex with ∆

Question 10

who can you use evidence o habit for

Answer 10

people or orgs

Question 11

what is the criteria for habit

Answer 11

regularity and specificity of conduct

degree to which it is automatic

Question 12

what can habit evidence be used for

Answer 12

to show propensity

Question 13

do you need eyewitness/ corroboration for habit evidence

Answer 13

nope

Question 14

what’s the checklist for problems with evidence

Answer 14

TESTIMONY:
- hearsay
- competency
- privilege

PHYSICAL
- authentication
- best evidence
- hearsay
- privilege

Question 15

last question for this kind of evidence: is the probative value substantially outweighed by…

Answer 15

prejudice

confusion

waste of time

Question 16

what are subsequent remedial measures and are they allowed

Answer 16

when measures are taken that would’ve made an earlier injury or harm less likely to happen it is NOT admissible to prove guilt

Question 17

what are compromise and offers to compromise and are they admissible

Answer 17

NO. can’t use compromise negotiations around a claim– like offering to settle or whatever EXCEPT as evidence of bias

Question 18

what is payment of medical expenses and is it admissible

Answer 18

offering to pay medical bills can’t be used as evidence of guilt

Question 19

can you use pleas as evidence

Answer 19

no. no withdrawn guilty pleas, attorney discussions, or no los.

exception – if it is necessary for fairness or they made it under oath on the record with attorney

Question 20

can you use liability insurance as evidenced

Answer 20

no