Evidence of Character, Specific Acts, Habit Flashcards
what do you do if character is in issue
go nuts!!!!!!!!!!!! use opinion, rep, or specific acts to show propensity
what do you do if character is not in issue
wait to see if ∆ opens the door
what happens in a criminal case if ∆ opens the door re: character
you can use opinion or rep to prove the character of ∆, victim, or witness
what happens in a civil case if ∆ opens the door re: character
you can use opinion or rep to prove character of witness
what can you use evidence of extrinsic acts for
to show
M- motive
I- intent
M- absence of mistake
I- identity
C- common scheme or plan
what are the pre reqs for using evidence of extrinsic acts
∆ must get pre trial notice
Some jdx require the other act be close in time/ similar in nature
what is the standard of proof for evidence of extrinsic acts
proof must be sufficient for reasonable jury to think it happened
what are the special rules for evidence of extrinsic acts ~diddling edition~
prior similar acts are admissible for kid diddling, but need notice
prior similar acts are admissible for sexual assault, b ut need notice
what is the rape shield
can’t use evidence of victim’s sexual history UNLESS proving another man was source of semen, or to show prior consensual sex with ∆
who can you use evidence o habit for
people or orgs
what is the criteria for habit
regularity and specificity of conduct
degree to which it is automatic
what can habit evidence be used for
to show propensity
do you need eyewitness/ corroboration for habit evidence
nope
what’s the checklist for problems with evidence
TESTIMONY:
- hearsay
- competency
- privilege
PHYSICAL
- authentication
- best evidence
- hearsay
- privilege
last question for this kind of evidence: is the probative value substantially outweighed by…
prejudice
confusion
waste of time
what are subsequent remedial measures and are they allowed
when measures are taken that would’ve made an earlier injury or harm less likely to happen it is NOT admissible to prove guilt
what are compromise and offers to compromise and are they admissible
NO. can’t use compromise negotiations around a claim– like offering to settle or whatever EXCEPT as evidence of bias
what is payment of medical expenses and is it admissible
offering to pay medical bills can’t be used as evidence of guilt
can you use pleas as evidence
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 no withdrawn guilty pleas, attorney discussions, or no los.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
can you use liability insurance as evidenced
no
