Relevance

Question 1

What makes evidence relevant?

Answer 1

1. Probative - makes fact more / less probable than without

2. Material - of consequence in determining action

Question 2

When is evidence excluded under 403?

Answer 2

Probative value substantially outweighed by unfair prejudice

Question 3

When is character evidence admissible in civil cases?

Answer 3

1. When character is essential element like negligent hiring

2. Not admissible to show D acted according to character

Question 4

When is the defendant’s character evidence admissible in criminal cases?

Answer 4

1. Prosecution - only to rebut D’s evidence of character

2. Defense - (a) show D character inconsistent w/ crime, (b) pertinent to crime charged, (c) reputation / opinion only

Question 5

When is the victim’s character evidence admissible in criminal cases?

Answer 5

1. Prosecution - rebut D’s evidence of victim bad character

2. Defense - admissible if relevant to defense asserted

Question 6

When can the prosecution admit evidence of D’s previous bad acts?

Answer 6

To show MIMIC - Motive, Intent, Mistake absence, Identity, Common plan

Question 7

When can specific acts be introduced as character evidence?

Answer 7

1. Civil - whenever character evidence is essential element of claim / defense
2. Criminal - only D can introduce if (a) character is essential elements OR (b) acts inconsistent w/ crime
3. Cross exam - ask character witness about person’s specific acts