Relevance and Character Evidence Flashcards
Define Relevance
Evidence is relevant if it has any tendency to make a material fact more or less probable that without the evidence
When is relevant evidence inadmissible?
If excluded under a specific rule or it fails a FRE 403 balancing analysis
What factors are weighed under Federal Rule of Evidence 403?
- Danger of unfair prejudice
- Confusion of the issues
- Misleading the jury
- Undue delay
- Waste of time
- Unduly cumulative
Is evidence of a similar occurrence relevant?
If it concerns some time, event, or person other than that involved in the case at hand, NO.
Is the plaintiff’s past accident history admissible?
Yes, if the event that caused plaintiff’s injury is in issue (i.e., D wants to show that prior accident caused injury, not present accident)
Can evidence of other accidents involving the same instrumentality or condition be admitted?
Yes, in three limited circumstances, but only if the other accidents occurred under substantially similar circumstances
Note: this applies to experiments and tests as well
What are the three limited purposes for which prior accidents involving the same instrumentality or condition may be admitted?
- To show existence of dangerous defect
- To show causation of the accident
- To show prior notice by the Defendant
Can prior similar conduct be admitted to show intent?
Yes, such as multiple instances of employment discrimination
Is evidence of habit admissible?
Yes, for both individuals and business organizations
How is habit distinguished from character evidence? **
Habit evidence has two defining characteristics:
- Frequency
- Particularity
* Additional NY Requirement* - Complete control of the circumstances
Define habit:
A repetitive response to a particular set of circumstances (almost involuntary)
What are the key words that may indicate habit?
Always, never, invariably, automatically, instinctively
How is habit shown for a business organization?
Look for routine business practice (i.e. mail picked up from office every day at 2pm)
Is industrial custom admissible evidence of proper standard of care?
Yes, to show how a party in a certain industry should have acted
Is evidence of liability insurance admissible?
No
Are there exceptions where evidence of liability insurance may be admitted?
Yes.
- To show ownership or control if disputed
- To impeach a witness
Is evidence of subsequent remedial measures admissible? **
MBE - No, unless dispute as to ownership, control, or feasibility of safer design
NY - Admissible in strict products liability action to show manufacturing defect
Is evidence of a settlement of a disputed civil claim admissible?
No. Why? It encourages settlement talks between the parties.
Is evidence of an offer to settle a disputed civil claim admissible?
No. Why? It encourages settlement talks between the parties.
Are statements of fact made during settlement negotiations in a civil dispute admissible?
No. Why? It encourages settlement talks between the parties.
What are the two exceptions to the rules regarding inadmissibility of civil settlement evidence? **
- Impeachment for bias
- Statement of fact made to gov’t regulator agency (but not in NY)
Note: Offers to settle with a gov’t regulatory agency are not admissible. Only statements of fact.
What evidence from plea bargaining in a criminal case is inadmissible? **
- Offer to plead guilty
- Withdrawn guilty plea (NY - admissible in subsequent civil case)
- Plea of nolo contendre
- Statements of fact made during negotiations
Is a guilty plea admissible?
Yes, it’s a party admission.
A’s and B’s cars collided. B immediately ran up to A and said “Look, I’ll settle with you for $100,000 if you don’t sue.” Should A be allowed to introduce B’s statement against him at a subsequent trial?
Yes. At this point, there as no disputed civil claim.
After A’s and B’s cars collided, A sent a letter to B saying “The accident was all your fault. I demand that you pay my damages in the amount of $100,000.” B called A and said “You’re right, it was all my fault and I owe you the $100,000 you’re asking for. But you know how fickle juries can be. If you don’t accept $50,000 now, you’ll have to sue.” Can A introduce B’s statements against B at a subsequent trial?
Yes. A’s letter to B asserts a claim. However, B does not dispute liability OR damages. A dispute as to either is sufficient to exclude all statements. Therefore, the statements are admissible.
Are offers to pay hospital or medical expenses admissible?
No, but the rule does not exclude other statements made in connection with the offer to pay.
D’s car hits pedestrian P. D immediately ran to P and said (a) “Don’t worry about a thing, I’ll pay for your hospital bills” and (b) “I shouldn’t have run that red light.” Are any statements admissible?
Yes, statement (b) is admissible. Statement (a) is an offer to pay medical expenses, and is therefore excluded. Statement (b) is not an offer; rather it’s a party admission.
What is character evidence?
Evidence that refers to a person’s general propensity or disposition (i.e., honesty, fairness, peacefulness, or violence)
In a criminal case, is evidence of Defendant’s character offered to prove conduct on a particular occasion admissible?
Not during the prosecution’s case in chief. However, if D opens the door during the defense, the prosecution may rebut.
What kind of character evidence can a defendant introduce about himself during the defense? **
Evidence of a RELEVANT character trait offered by reputation or opinion testimony.
In NY, by reputation evidence only.
Rambo is charged with murder. During its direct case, should the prosecution be allowed to introduce evidence that Rambo has been (a) convicted three times for assault, (b) has a bad reputation for violence, and (c) he recently stampeded a herd of cattle through the middle of town?
NO for all three.
(a) Convictions are admissible only for impeachment purposes
(b) Reputation evidence is admissibly only if D has first opened the door
(c) Specific act evidence isn’t admissible even after D has opened the door
When character evidence about the defendant is admissible through a character witness to prove conduct in conformity, what are the proper forms for introduction? **
- Reputation
- Opinion (Not in NY)
Evidence of specific acts is inadmissible
If D has opened the door for character evidence, how may the prosecution rebut? **
- Cross-examination of D’s character witness
- Calling its own witnesses to give reputation or opinion testimony (Reputation only in NY)
- NY ONLY - P may introduce evidence of D’s conviction of a crime that reflects adversely on the character trait in issue
How does the prosecution rebut by means of cross-examination?
Asking “Have you heard” or “Did you know” questions to the Defendant’s witness. Prosecution must have a good faith basis for believing the act occurred.
If a character witness for the defendant denies knowledge of the bad acts mentioned by the prosecution during cross examination, may the prosecution prove that the acts occurred?
NO. The prosecution must take the answer of the witness.
Are there limits on the bad acts the prosecution may inquire about during cross examination of a character witness?
Yes - the bad acts must relate to the character traits in issue.
Example - Tax fraud is irrelevant to peacefulness vs. violence
What is the Federal Rule for introducing evidence of the victim’s character?
A criminal defendant may introduce evidence of victim’s violent character as circumstantial evidence that the victim was the first aggressor.
Such evidence may proven by reputation or opinion.
What is the New York Rule for introducing evidence of the victim’s character?
Evidence of the victim’s character for violence is not admissible to prove that victim was the first aggressor.
What is the scope of the prosecution’s rebuttal when D offers evidence of the victim’s character for violence?
- Evidence of the victim’s good character for peacefulness (rep or op); and or
- Evidence of D’s bad character for violence (rep or op)
D has been charged with assault for throwing a chair at V. D claims V started the fight and lunged at him with a knife. To prove that V was the first aggressor, D calls W to testify:
(a) I know V and in my opinion he is very violent **
(b) V attacked me for no reason a few years ago **
(a):
Fed - Admissible. Opinion / claim of self-defense
NY - Inadmissible
(b):
Fed - Inadmissible - no specific act evidence
NY - Inadmissible
May a defendant testify about their own knowledge of victim’s bad character for violence?
Yes, for the purpose of showing D’s state of mind, namely that they feared the victim
OK for Fed and NY
What evidence is ordinarily inadmissible under the Rape Shield Law?
- Opinion / Reputation evidence about victim’s sexual propensity; or
- Evidence of specific sexual behavior of victim
What are the exceptions to the Rape Shield Law
- Specific sexual behavior of the victim to prove that someone other than the defendant is the source of the injury; or
- Victim’s sexual history with the defendant if the defense of consent is asserted; or
- Where exclusion would violate D’s due process rights
When is character evidence admissible in a civil case?
Only where character is an essential element of the claim (i.e., defamation, negligent hiring / supervision, child custody disputes)
Character evidence is inadmissible to prove conduct in conformity
How may character evidence be proven in a civil case?
- Reputation
- Opinion
- Specific Acts
Can character evidence ever be introduced by the prosecution in their case in chief?
Yes - If offered for a not-for-character purpose
What are the five most common non-character purposes? (MIMIC)
M: Motive I: Identity M: Mistake or Accident (the absence thereof) I: Intent (State of mind) C: Common Scheme or Plan
How are MIMIC-purpose crimes proven? **
- By conviction
- By evidence (witnesses, etc) that prove the crime occurred (conditional relevancy)
- NY Rule for Identity - P must produce clear and convincing evidence
What is the conditional relevancy standard?
The prosecution need only produce sufficient evidence from which a reasonable juror could conclude the defendant committed the other crime
What are the procedural requirements for introducing MIMIC evidence?
- Pretrial notice if requested by D
2. Subject to FRE 403 balancing (especially prejudice)
Is MIMIC evidence admissible in a civil case?
Yes, if relevant for a not-for-character purpose
What is the Federal Rule regarding other sexual misconduct in sexual assault and child molestation cases?
Prior specific acts of sexual misconduct / child molestation admissible in prosecution’s case in chief for purpose of showing propensity.
May not be proven by reputation or opinion
NY has not adopted this rule.
