Relevance

Question 1

General relevance rule

Answer 1

• Evidence must be relevant
• If evidence is irrelevant, it is inadmissibble
• all relevant evidence is admissible, uness excluded by specific rule

Question 2

Definition of relevance

Answer 2

• Relevance = makes the fact in issue more likely than it would be without the evidence
• Evidence is relevant if it is material (related to some issue in the case) and probative (having a tendancy to prove or disprove some fact)

Question 3

General rule for exclusion of relevant evidence

Answer 3

• FRE 403: the court had discretion to exclude relevant evidence if certain risks substantially outweigh its probative value
• risks: confusion of the issues, unfair prejudice, misleading the jury, or waste of time (e.g. cumulative evidence on one point)

weighted in favor of admissibility

Question 4

Relevance conditioned on a fact

Answer 4

If the relevance of evidence hinges on some fact that is best for the jury, courts will admit the evidence on the condition that the jury will decide that preliminary fact later.

Question 5

Character evidence - civil case

Answer 5

• Rule: Character evidence is generally inadmissible to prove the person acted in accordance with the character on a particular occasion.
• EXCEPTION: claim of sexual misconduct –> evidence of defendnat’s past sexual misconduct or child molestation admissible
• EXCEPTION: plead self defense in battery –> evidence of victim’s propensity for violence
• EXCEPTION: character is an essential element of claim or defense (defamation, negligent hiring, negligent entrustment, child-custody)

FRE 404(a)(1)

Question 6

Character evidence - criminal case - character of D

Answer 6

• Prosecutor is not permitted to introduce evidence of a defendant’s bad character to prove that the defendant has a propensity to commit crimes and therefore is likely to have committed the crime in question.
• D can introduce reputation or opinion evidence of pertinent trait –> prosecutor can cross examine character witness with questions about specific acts from the past (but must accept the witnesses answer, no extrinsic evidence)

Question 7

Character evidence - criminal case - character of victim

Answer 7

• D may bring reputation or opinion evidence of pertinent trait of victim (usually homoicide or assault cases where self defense raised by D)
• –> opens the door to:
• `prosecutor offering reputation or opinion evidence to re victim
• prosecutor offering reputation or opinion evidence re same trait in D

Question 8

Prior acts - when are they admissible?

Answer 8

Evidence of a D’s past crimes or bad acts can be introduced for non-propensity uses: motive, intent, absence of mistake, identity, common plan, etc. (MIMIC).

Question 9

habit evidence

Answer 9

must be sufficiently specific