Evidence - Relevancy and Excluding evidence

Question 1

When is evidence considered relevant

Answer 1

when the evidence has a tendency to make a fact more or less probable than it would have been without the evidence

Question 2

Is relevant evidence always admissible

Answer 2

no

Question 3

when is relevant evidence inadmissible

Answer 3

Unfair prejudice

Misleading the jury

Confusing the issues

Causing delay

Question 4

What types of evidence must be authenticated

Answer 4

writings, documents, pictures, voice recordings, objects, charts

Question 5

what is the key for admitting evidence

Answer 5

to support a finding that the evidence is what it purports to be

Question 6

How do you prove the evidence is authenticated

Answer 6

Direct testimony / id the object
Special markings
Testimony of someone with personal knowledge who is familiar with the evidence

Question 7

When evidence is self authenticated it means that

Answer 7

nature of the piece of paper itself authenticates itself

Question 8

What are the types of evidence that r self authenticated

Answer 8

Official documents /notarized, newspaper, seal ie special

Question 9

How do you know you are doing a character question

Answer 9

bad things the D did in the past in crimin

bad things P or D did in the past - civil

Question 10

when is character evidence inadmissible

Answer 10

too prejudicial or probative value is outweighed

Question 11

What are the 4 exceptions where you can bring in character evidence in a civil case and how can you prove them

Answer 11

Defamation
Child custody
Negligent entrustment
Misrepresentation / fraud

Can be proven by rep, opinion and specific acts

Question 12

In a criminal case, when can you bring in character evidence

Answer 12

when the D opens the door
MIMIC
Self-defense
If the D is accused of child molestation, other instances of child molestation are admissible
Habitat/ routine practice

Question 13

When the D opens the door of evidence of his good character you can bring in evidence that contradicts that

Answer 13

he is a honest person or peaceful person

Question 14

For good character of a honest/peaceful person, you can only bring in contradictory evidence if

Answer 14

reputation or oppinion to show good character, and the P can use rep or opinion
Unless character is the ultimate issue of the case → specific instances of conduct can be brought in

Question 15

MIMIC

Answer 15

Motive
Intennt
Mistake
ID
Common Plan or Scheme

Question 16

Common plan is like

Answer 16

a signature act

IE: yellow scarf at the crime scene

Question 17

When is routine practice / habit admissible

Answer 17

when it is shown it is done all the time

Question 18

Evidence of an uncharged crime may not be admitted to show that the D is

Answer 18

a bad person and therefore more likely to have committed the crime in which they are charged

Question 19

A comparison of handwriting specimens are allowed to be reviewed by the jury to determine

Answer 19

the genuineness of handwritten specimens base on comparison of authenticated specimens

Question 20

An expert may not state an opinion about whether the defendant was

Answer 20

was legally insane at the time of the alleged crim because it is an opinion about the Ds mental state that consitute a defense