Fellow guide

Question 1

Contradiction by conflicting evidence
Contradiction by past inconsistent statement
Evidence of bias

Do these follow FRE character evidence limits?

Answer 1

No. Must be relevant and subject to 403.

Question 2

Examples of non-character impeachment not subject to character evidence rules?

Answer 2

1. Bias
2. Inconsistent statements
3. Contradictory evidence

Question 3

Character based impeachment?

Answer 3

Adhere to 608 & 609.

Question 4

_____ based impeachment: He’s generally a liar, and therefore he is lying now.

Answer 4

Character based Impeachment

Question 5

______ based impeachment: He’s lying now, not that he is generally a liar. (Bias, prior inconsistent statements, contradictory evidence)

Answer 5

Non character based Impeachment

Question 6

T/F) The exceptions to admitting character evidence under 404 do NOT apply to Civil cases.

Answer 6

True. Civil cases can only introduce character evidence if 1) Central to the charge or 2) Sex crimes.

Question 7

T/F) In a civil case, evidence of character to prove the conduct of a person in the litigated event is generally not admissible.

Answer 7

True

Question 8

Character evidence as proof of conduct in the litigated event is not admissible in a ____ case unless character is directly in issue (e.g., in a defamation action).

Answer 8

Civil case