Relevance

Question 1

When is reputation character evidence admissible AGAINST VICTIM in a CRIMINAL case?

Answer 1

Criminal ∆ MAY introduce evidence of VICTIM’S violent character to prove victim’s conduct in CONFORMITY (e.g. to prove self-defense affirmative defense)
Proper method = character witness may testify to VICTIM’S bad (i) reputation for violence; AND/OR (ii) may give opinion
SPECIAL RULE for ∆’s KNOWLEDGE of victim’s bad character for violence: ∆ MAY offer evidence of HIS OWN awareness of the victim’s bad character for violence (reputation or opinion) for the PURPOSE of showing the ∆’s state of mind (i.e. he was fearful)

Question 2

When is character evidence admissible AGAINST ∆ in a CRIMINAL case?

Answer 2

First the ∆ MAY introduce character evidence during DEFENSE, which “opens the door”. He may call a witness to testify about D’s
(i) reputation; OR (ii) opinion about the D (NOT specific acts)

IF ∆ “opens the door”, the prosecutor MAY REBUT, by:
- cross-examining ∆’s character witness re: specific acts or arrests of the ∆ that reflects ADVERSELY on the trait that the ∆ has INTRODUCED; OR - by calling ITS OWN reputation/opinion witness to CONTRADICT ∆’s witness

Question 3

When is propensity character evidence admissible in a CIVIL case?

Answer 3

Propensity C.E. in CIVIL cases is generally INADMISSIBLE (i.e. to prove conduct in conformity
EXCEPTION: Very Narrow → where character is an essential element of claim OR defense:
1) a tort action alleging negligent hiring (i.e. ∆ should have known he was hiring a careless person)
2) Defamation (i.e. evidence of π’s reputation and its diminished state)
3) A child custody dispute (i.e. must prove fitness of a particular person)
Any method of introducing propensity C.E. OK: (1) reputation, (2) opinion, (3) specific acts

Question 4

What is propensity character evidence?

Answer 4

A person’s GENERAL propensity or disposition (e.g. honesty, fairness, peacefulness or violence)

Question 5

What is the the rape shield law?

Answer 5

Evidence offered to prove the sexual behavior ro sexual disposition of the victim is generally inadmissible.
EXCEPTIONS: specific acts ARE admissible to prove:
- Other source of semen, physical evidence or injury OTHER than ∆ (criminal case)
- Previous acts w/Δ to prove consent defense by ∆ (criminal), and admissible by prosecution for any reason.
- Or if exclusion would violate due process (civil)
- Victim’s reputation evidence is admissible only if victim brought it up

Question 6

When is OTHERWISErelevant evidence INADMISSIBLE?

Answer 6

all relevant evidence is ADMISSABLE, UNLESS…

i) there is a specific exclusionary rule (policy-based); OR evidence of settlements of disputed CIVIL claims(evidence of settlement; offer to settle; OR stmts of fact made during settlement negotiations) for the PURPOSE of showing liability OR to impeach a witness as a prior inconsistent stmt
ii) The trial judge has discretion to exclude relevant evidence if the probative value of the evidence is outweighed by outweighed by pragmatic considerations including
- Danger of unfair prejudice
- Confusion of the issues (e.g. by introducing a collateral matter)
- Misleading the jury
- Undue delay
- Waste of time (unduly cumulative)

Question 7

What are the methods of proof for AND requirements to introduce non-character (MIMIC)evidence?

Answer 7

1) if there was a conviction; OR
2) other evidence (witnesses, etc) sufficient for reasonable juror to conclude that Δ committed other act (i.e. the Conditional Relevancy Std→Preponderance of Evidence)

Question 8

When are acts or previous crimes ADMISSIBLE as non-character evidence against ∆?

Answer 8

General rule: other crimes/specific bad acts of ∆ are INADMISSIBLE during prosecution’s case in chief IF the only purpose is to attack ∆’s character (and establish likeliness of guilt)…
BUT…evidence re:other crimes/misconduct IS ADMISSIBLE as NON-CHARACTER evidence to show MIMIC: Motive Intent Mistake (the LACK OF) Identity (∆’s M.O.) Common Scheme/Plan
The std is the SAMEfor criminal and civil trials The trial ct could STILL exclude evidence if the probative value is less than the danger of unfair prejudice

Question 9

When is evidence relevant?

Answer 9

Evidence is relevant IF it tends to make the existence of any fact of consequence to the outcome of the present case more probable or less probable than it would be without the evidence

Question 10

What is the ONLY instance where a prior act CAN be introduced to establish propensity?

Answer 10

In a case alleging sexual assault OR child molestation, Δ’s prior specific sexual misconduct is ADMISSIBLE by anyone atany time and as propensity evidence
NOTE: this rule allows for PRIOR ACTS ONLY, NOT reputation or opinion

Question 11

What are the 4 steps to determine the admissibility of evidence based on relevancy?

Answer 11

STEP 1: Is the evidence relevant? OR there is an exception for SIMILAR occurrences
YES: STEP 2 NO: INADMISSIBLE
STEP 2: Can the evidence be excluded based on judicial discretion? [(i) danger of unfair prejudice; (ii) confusion of the issues; (iii) misleading the jury; (iv) undue delay; (v) waste of time] YES: INADMISSIBLE NO: STEP 3
STEP 3: Can the evidence be excluded based on policy-based exclusion? YES: INADMISSIBLE NO: STEP 4
STEP 4: Is the evidence INVALID propensity character evidence? [(i) civil: character evidence when character NOT at issue; (ii) criminal: character evidence when ∆ didn’t “open door”; (iii) non-MIMIC specific conduct evidence in civil/criminal]
YES: INADMISSIBLE NO: ADMISSIBLE, provided it’s not excluded under other rules (e.g. hearsay, best evidence, etc)

Question 12

When is evidence of liability insurance admissible?

Answer 12

Liability insurance is inadmissible to prove negligence or ability to pay a judgement.
But it may be admissible for showing ownership or control, impeachment, or as part of a liability admission

Question 13

When is evidence of subsequent remedial measures admissible?

Answer 13

Inadmissible for the purpose of showing negligence, culpable conduct, product defect, or need for warning;
BUT CAN be admissible for some OTHER relevant purpose (e.g. showing ownership or control; feasibility of safer design; or to prove the other party has destroyed evidence

Question 14

When are specific acts of misconduct admissible?

MIMIC

Answer 14

Specific acts of misconduct or crimes are generally inadmissible if offered solely to prove a criminal disposition or bad character.
However, it’s admissible to establish MIMIC:
- Motive
- Intent
- Mistake (absence of)
- Identity
- Common plan or scheme.
There must be sufficient evidence to support a jury finding that D committed the prior act, AND probative value must not be outweighed by danger of unfair prejudice

Question 15

What is the similar occurrences rule?

Answer 15

Generally, evidence must relate to the TIME, EVENT OR PERSON in controversy or it’s inadmissible.
EXCEPT if it goes to prove certain similar occurrences.
Previous similar occurrences may be relevant if they are probative of a material issue and that probativeness outweighs the risk of confusion or unfair prejudice.

Question 16

When are offers to settle or plead admissible?

Answer 16

• Settlement offers are inadmissible to prove or disprove the validity or amount of a disputed claim, or to impeach a witness by prior inconsistent statement or contradiction, as are conducts and statements made during the negotiation of the settlement.
• settlement evidence IS admissable for the PURPOSE of impeaching witness on grounds of BIAS
• stmts of fact made during settlement discussions in CIVIL CASE w/ a GOV’T AGENCY ARE admissible in a related CRIMINAL CASE

Question 17

Discuss examples of relevant “similar occurrences”

Answer 17

• Causation: issues of causation may be established by evidence concerning other times, events, or ppl
• Prior False Claims or Same Bodily Injury
• Similar Accidents
• Previous Similar Acts to prove Intent: prior similar conduct of a personIF it infers intent and “intent” is AT ISSUE (e.g. show history of school segregation)
• Rebutting Claim of Impossibility:
• Sales of Similar Property: comparable sales on issue of value (e.g. recent fair mkt value of a house in a certain neighborhood)
• Habit: of a person (or routine of a business org) as circumstantial evidence of how the person acted on the PARTICULAR occasion at issue in the litigation
• Industry Custom: evidence that establishes industrial custom as a STD of CARE

EXCEPTION: in a products liability action, to show how π used a product under her exclusive control (e.g. π always dips hairdryer in water before using)

Question 18

Discuss habit vs. character evidence

Answer 18

• Habit: Describes a person’s (or routine of a business org) regular response to a specific set of circumstances. Can be admitted to prove how the person/org acted on the PARTICULAR occasion at issue.
  Key words = “always”; “never”; “invariably”; “automatically”; “instinctively”
• Character: Describes a person’s GENERAL DISPOSITION/PROPENSITY, which is NOT admissible)

Question 19

When can evidence be excluded for public policy reasons?

Answer 19

(i) liability insurance to est guilt;
(ii) subsequent remedial measures to est negligence;
(iii) settlement offers/plea offers;
(iv) offers to pay medical expenses
(v) withdrawn guilty pleas and related statements

Question 20

Discuss when guilty pleas are admissible

Answer 20

Evidence of plea bargaining in CRIMINAL cases is generally inadmissible

• An offer to plead guilty, Withdrawn guilty plea, Plea of nolo contendere, and statements made in negotiating such pleas are INADMISSIBLE AGAINST THE D in criminal or subsequent civil case)
• BUT a plea of GUILTY (not withdrawn) is ADMISSIBLE against ∆ in subsequent litigation under the rule of party admission

Question 21

Are offers to pay medical expenses admissible?

Answer 21

Offers to pay hospital or medical expenses are inadmissible to prove liability.
This includes offers to compromise “I’ll pay your bills if you drop the case!”
NOTE: this exclusion does NOT exclude OTHER stmts made in connection w/ an offer to pay hospital/medical expenses. So admissions of fact that accompany this offer are ADMISSIBLE

Question 22

When is evidence of similar accidents admissible as a similar occurrence?

Answer 22

Evidence of prior accidents or injuries caused by the same condition is admissible to prove: existence of a dangerous condition; causation of the accident; prior notice to the ∆ (i.e. he knew of the condition and didn’t remedy)

Question 23

When is evidence of prior false claims or same bodily injury admissible as a similar occurrence?

Answer 23

Evidence that the party has made previous similar false claims in the past or claims involving the same bodily injury can show the present claim may be false or that P’s condition came from a prior injury

Question 24

In a criminal case, after D “opens the doors” by introducing reputation character evidence against victim, how may prosecution respond?

Answer 24

After “doors open”: prosecutor may introduce…

1) evidence of VICTIM’S good character for peacefulness (reputation OR opinion); OR
2) evidence of the ∆’s BAD character for violence (reputation OR opinion)

Question 25

What’s direct evidence?

Answer 25

Direct evidence involves no inferences. It is testimony or real evidence that speaks directly to a material issue in a case.

Question 26

What’s circumstantial evidence?

Answer 26

Circumstantial evidence is indirect and relies on inference. It’s evidence of a subsidiary or collateral fact from which, alone or in conjunction with other facts, the evidence of the material fact can be inferred.