Relevance

Question 1

What is relevant evidence?

What is the general rule regarding admissibility of relevant evidence?

Answer 1

Evidence is relevant if probative and material.

Generally, all relevant evidence is admissible unless excluded by a specific rule, law or constitutional provision.

Question 1

What does “probative” mean?

Answer 1

The evidence has a tendency to make a fact more or less probative than it would be without the evidence.

Question 2

What does “material” mean?

Answer 2

the evidence is of consequence in determining the action

Question 3

What is “direct evidence”?

Answer 3

It is evidence that is identical to the factual proposition it is offered to prove.

Question 4

What is “circumstantial evidence”?

Answer 4

It is indirect proof of a factual proposition through inference from collateral facts.

Question 5

What does Rule 403 exclusion of relevant evidence state?

Answer 5

If the probative value is substantially outweighed by the danger of unfair prejudice, the relevant evidence is excluded.

Question 6

What does “unfair prejudice” mean in Rule 403?

Answer 6

-> confusing issues
-> misleading jury
-> undue delay
-> wasting time
-> needless presentation of cumulative evidence

Question 7

What happens when the relevance of a fact depends on the existence of a fact?

Answer 7

Sufficient proof must be introduced to support a finding that the fact does exist.

The court may admit the proposed evidence on the condition that the proof is introduced later.

Question 8

What is character evidence and is it admissible?

Answer 8

It’s evidence that is generalized information a bout a person’s behavior.

Typically inadmissible.

Question 8

How does the curative admission of irrelevant evidence work?

Answer 8

Irrelevant evidence admitted when necessary to rebut previously accidentally admitted inadmissible evidence to remove unfair prejudice.

Question 9

In civil cases, when is character evidence admissible and when is it not?

Answer 9

Admissible when character is an essential element of a claim or defense, instead of a means of proving a person’s conduct.
-> defamation
-> negligent hiring
-> negligent entrustment
-> child custody

Inadmissible tp prove a person acted in accordance with that character (or trait) on a particular occasion.

Question 10

Can a prosecutor introduce evidence of D’s character in criminal cases?

Answer 10

By prosecutor
-> not permitted to introduce evidence of D’s bas character to prove D has a propensity to commit crimes and so is likely to have committed the crime in question.

Question 11

Can D’s defense introduce evidence of D’s character in criminal cases?

Answer 11

D is permitted to introduce evidence of good character as being inconsistent with type of crime charged, BUT must be pertinent to crime charged AND must be reputation/opinion testimony (NOT specific acts of conduct).

Question 12

What happens when D “opens the door” regarding his or the victim’s character?

Answer 12

Once D offers evidence of his good character (or victim’s bad character), prosecution can rebut D’s claims by attacking D’s character.

Question 13

Can a D’s defense introduce character evidence regarding the Victim’s character in a criminal case?

Answer 13

D may introduce reputation/opinion evidence of victim’s character when relevant to the defense asserted by the D (evidence of victim’s sexual conduct very limited).

Question 14

Can a prosecution introduce character evidence regarding the Victim’s character in a criminal case?

Answer 14

Prosecution can offer rebuttal evidence of victim’s good character when D has introduced evidence of victim’s bad character (and trait for peacefulness in homicide case to rebut evidence homicide victim was first aggressor)

Question 15

What are the methods of proving character evidence?

Answer 15

When character evidence is admissible, it may be proven by testimony about a person’s reputation or by witness opinion.

Question 16

For what purpose is character evidence almost always admissible?

Answer 16

Impeachment purposes
-> Character evidence of witness’s untruthfulness is admissible/relevant to impeach a witness.

Question 17

Are bad acts admissible evidence to show D’s propensity to prove he committed the crime in question?

Answer 17

No

Question 18

When is evidence of a specific act (including bad act) admissible evidence?

Answer 18

Evidence of a specific act is admissible for another purpose, such as
-> motive
-> intent
-> absence of mistake
-> identity
-> common plan

Question 19

Is MIMIC evidence subject to admissibility restriction, if so why?

Answer 19

Such evidence is subject to admissibility restrictions, to ensure it isn’t used to show D committed the charged crime because D had propensity to commit the crimes.

Question 20

Under what circumstance does the prosecution have to provide D with notice of the usage of MIMIC evidence, and what must be included in the notice?

Answer 20

When criminal D requests, prosecution MUST provide reasonable notice of:
-> the general nature of MIMIC evidence the prosecution intends to offer at trial
AND
-> the non-propensity purpose for which it will be offered

Must give notice in writing before trial UNLESS the court excuses the lack of pretrial notice for good cause.

Question 21

When are specific acts allowed as character evidence in civil cases? In what form can the evidence be in?

Answer 21

Civil case
-> when character evidence is an essential element of claim/defense, can be proven by specific acts or opinion/reputation testimony

Question 22

When are specific acts allowed as character evidence in criminal cases?

Answer 22

Criminal case
-> specific acts are not admissible to show D’s criminal propensity;
-> when character is essential element of a crime or defense, relevant specific acts MAY be introduced

Question 23

What questions can be asked during a cross-examination of a character witness?

Answer 23

A character witness can be asked about relevant specific acts committed by the person about whom the witness is testifying.

But such questions must be done in good faith and not based off of a hunch.

Question 24

What is habit evidence?

Answer 24

A person’s particular routine (i.e., semi-automatic) reaction to a specific set of circumstances.

Question 25

For what purpose is habit evidence admissible?

Answer 25

Evidence of person’s habit (or organization’s routine) is admissible to prove the person acted in accordance with the habit on a particular occasion.

Question 26

Must habit evidence be admitted with coronation and an eyewitness?

Answer 26

No to both.