Relevance Flashcards
Is evidence of a defendant’s positive character trait admissible in a civil case?
No. Evidence of a defendant’s character is inadmissible in a civil case to prove that the defendant acted in conformity with that character trait unless the defendant’s character is an essential element of a claim or defense.
*Such evidence IS admissible by a defendant in a criminal case
What is the Rule of Completeness?
The rule of completeness (i.e., Federal Rule 106) permits a party to compel the introduction of a statement that in fairness should be considered at the same time as an admitted writing or recorded statement.
Can you use extrinsic evidence to prove character for truthfulness?
No. Although a witness’s character for truthfulness or untruthfulness is always relevant, it can only be proved by either opinion or reputation evidence. Extrinsic evidence (including another witness’s testimony) of specific instances of conduct is inadmissible to prove a witness’s character for untruthfulness. Note that character witnesses may be cross-examined about specific instances of conduct, but no extrinsic evidence is permissible.
When can you admit evidence of a witness’s juvenile conviction in a civil case?
Never. Under FRE 609(d), evidence of a juvenile conviction is never admissible in a civil case.
Evidence of a juvenile conviction may be used to impeach a witness other than the defendant only if:
(i) it is offered in a criminal case,
(ii) an adult’s conviction for that same offense would be admissible to attack the adult’s credibility, and
(iii) admitting the evidence is necessary to fairly determine guilt or innocence.
Can a judge consider privileged information in making a determination of admissibility?
No. In determining a preliminary question, such as the existence of a privilege, although the court is not generally bound by the rules of evidence, the court cannot consider privileged evidence.
In a murder prosecution, can a defense witness introduce evidence of the defendant’s character for truthfulness?
No. In a criminal case, a defendant is permitted to introduce evidence of his good character as being inconsistent with the type of crime charged. Importantly, the defendant’s character evidence must be pertinent to the crime charged. Truthfulness is not a pertinent character trait in a murder prosecution.
May a criminal defendant introduce specific instances of behavior to prove a relevant character trait for propensity purposes?
No. A criminal defendant may not introduce specific instances of his behavior to prove a relevant character trait when that character trait is being used to prove that the defendant acted in conformity with it on the night in question.
When MUST the court take notice of an adjudicative fact?
The court must take judicial notice of an adjudicative fact if a party so requests and provides the court with the necessary information to do so.
For what purposes can subsequent remedial measures be admitted?
Generally, evidence of subsequent remedial measures in inadmissible to prove negligence, culpable conduct, a defective product or design, or the need for a warning or instruction.
However, evidence of subsequent remedial measures may be admissible for impeachment, ownership or control of the cause of the harm (e.g., a car) (if disputed), or the feasibility of precautionary measures.
