Relevance

Question 1

Relevant Evidence

Answer 1

Always admissible. Must be Probative and Material.

Question 2

Probative

Answer 2

fact has tendency to make the fact more or less probable than w/o evidence

Question 3

Material

Answer 3

consequence in determining the action

Question 4

Direct Evidence

Answer 4

Identical to the factual proposition that it is offered to prove. (I saw D shoot victim dead.)…DON’T need for conviction.

Question 5

Circumstantial Evidence

Answer 5

Sometimes better than direct evidence…if greater probative value. It’s evidence that tends to indirectly prove a factual proposition through inference from collateral facts

Question 6

Exclusion of Relevant Evidence

Answer 6

Rule 403 provides it may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

Question 7

Irrelevant Evidence

Answer 7

Generally, inadmissible. But can be introduced to rebut previously admitted irrelevant evidence.

Question 8

Character Evidence - Civil

Answer 8

inadmissible to prove a person acted in accordance with that character on a particular occasion.

Admissible when character is essential element of the claim/defense instead of proving persons conduct (i.e. defamation, negligent hiring, child custody.)

Question 9

Defendant’s Character Evidence - Criminal - By Prosecution

Answer 9

Not permitted to introduce bad character to show D has propensity to commit crimes so likely to have committed this crime.

Question 10

Defendant’s Character Evidence - Criminal - By Defense

Answer 10

Permitted to introduce evidence of good character as inconsistent with type of crime charged, but must be PERTINENT to crime charged.

Reputation and opinion testimony must be from people who regularly engage with Defendant.

Question 11

D “opens the Door”

Answer 11

when D offers good character evidence. Prosecution can rebut by attacking character.

Question 12

Victim’s Character Evidence by Defense

Answer 12

Defense can introduce reputation or opinion evidence of victim’s character when relevant to the defense asserted.

Question 13

Victim’s Character by Prosecution

Answer 13

Prosecution can offer rebuttal evidence of victim’s good character when D introduced evidence of victim’s bad character.

Question 14

Impeachment

Answer 14

Character evidence = admissible for impeachment to show witness is not a person whose testimony should be believed.

Question 15

Bad Acts

Answer 15

Typically inadmissible to show a person acted with that character on a particular occasion. CAN BE USED TO PROVE:
•	Motive
•	Intent
•	Mistake (absence of)
•	Identity
•	Common Plan

Question 16

Specific Acts - Civil Cases

Answer 16

If essential element of claim or defense, can be proved by specific instances of person’s conduct by testimony on reputation or opinion.

Question 17

Specific Acts - Criminal Cases

Answer 17

Specific instances of conduct are not admissible. Only reputation or opinion testimony. Rep and opinion testimony must be from people who regularly engage with Defendant.

Question 18

Specific Acts - Cross Examination

Answer 18

Witness can be asked about D’s specific acts.

Question 19

Habit

Answer 19

Person’s particular routine is admissible to prove person acted in accordance with the habit on a particular occasion. Evidence must be sufficiently specific to be admitted.

Can be admitted without corroboration or eyewitness.