Relevance Flashcards
401
Evidence is admissible if it’s relevant meaning that it’s probative and material. Evidence is probative if it tends to make a fact more likely than it would be without the fact and it is material if the fact is of consequence in determining the action.
403 Test
Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of prejudice (confusing issues, misleading the jury, delay, wasting time, or presents cumulative evidence).
104b Proving a Fact Up
When the relevance of evidence depends on the existence of a fact, sufficient proof must be introduced to support a finding that it does. A court may admit evidence on the condition that it’s proved up later. Evidence is sufficient if, after examining all the evidence, a jury could reasonably find the conditional fact by a preponderance of the evidence.
Curative Admission
When there’s an erroneous admission of relevant evidence, a court may allow additional inadmissible evidence to rebut that evidence. The court has discretion and the purpose is to remove unfair prejudice. Whether or not a party objects is considered in determining prejudice.
Laying Foundation
Foundation must be laid for TANGIBLE evidence. If a proponent doesn’t establish it can be challenged for lack of foundation.
Generally, is generalized information about a person’s behavior admissible?
No.
404a1
Character evidence can’t be used in civil cases to show conforming conduct.
404b/405
In CIVIL cases, character evidence is admissible when character is at issue and related to an Essential Element of a claim/defense. EE can be proved by SI; reputation or opinion testimony. 405b.
When is character evidence admissible in sexual misconduct cases? Distinguish 415 from 404a2b.
415 - relates to defendant. Where claims regard D’s sexual misconduct, the following character evidence is allowed: past sexual assault; specific instances of past sex or assault; or child molestation by D.
404a2B - vic’s past sexual behavior is admissible in very limited circumstances (must be relevant to D’s defense e.g. self-defense).
When is character evidence admissible in homicide cases?
PROs can offer VICs peaceful character to rebut D’s defense that VIC was the first aggressor.
404a1 - Character Inconsistent with Type of Crime Charged.
PROS can’t introduce evidence of D’s bad character for propensity purposes, but D can introduce evidence of his/her own good character evidence inconsistent with the type of crime charged so long as it relates to the crime charged.
404a2A - D Must Open the Door.
Once D opens the door to character evidence, PROS can rebut and bring in evidence of D’s bad character for propensity purposes.
405a On cross-examination, is inquiry into specific acts about a person whom a character witness testifies about permissible?
Yes.
405a - What are the methods of proving character?
(1) reputation (D’s reputation in the community, people with whom D engages with regularly; and (2) specific instances of D’s conduct.
404a3 - Is character evidence allowed to impeach a witness?
Yes. The witness’s character for truthfulness/untruthfulness is relevant. Alternatively, a WIT’s testimony may be supported by WITs character for truthfulness.
404b1 When are specific bad acts inadmissible and when are they admissible?
SBAs are inadmissible for propensity purposes and admissible to show MIMIC (motive, MO, intent, preparation, common plan, knowledge, identity, absence of mistake.
404b2 Is PROs required to give D advanced notice of the evidence they will use?
At D’s request, PROs must give reasonable notice of the general nature of evidence before trial; or, if the Court has good cause, during trial.
406 When is habit evidence admissible?
Evidence of a person’s habit or organization’s routine is admissible to show that a person or organization acted in accordance with it on a particular occasion. Habit is a person’s particular routine reaction to a set of circumstances to the point of being semi-automatic. Such evidence is admissible without corroboration or eyewitness testimony.
Distinguish between character and habit evidence? How can you tell when an MBE question triggers one versus the other?
Character evidence concerns generalized information about a person’s behavior and is triggered by terms “often” and “frequently” whereas habit evidence concerns more specific information about a person’s behavior and is triggered by terms “always” and “every time.”
