Relevancy

Question 1

what is relevant?

Answer 1

It has a tendency to make something more or less probable than it would be without the evidence

Question 2

even if relevant what are ways it can still not come in?

Answer 2

You can exclude for prejudice (jury would put too much emphasis on it), would waste time, or would mislead or confuse the jury

Question 3

Authentication?

Answer 3

Need to to authenticate writings, documents, x-rays, etc. Need to prove item is what you say it is.

Question 4

how to authenticate?

Answer 4

1. Direct testimony
2. BIG WAY: testimony from someone that is directly familiar with that piece of evidence based on their own person knowledge. “i know that signature”

Question 5

Self authenticating documents?

Answer 5

Any kinds of official papers, notarized docs, seals

Look for official pieces of paper

Question 6

Character evidence?

Answer 6

About bad things one of the parties did in the past

Question 7

IS character evidence admissible?

Answer 7

Generally no, because its prejudicial

Question 8

How to determine if something is character evidence question

Answer 8

On trial for murder, prosecution wants to introduce evidence that D did a bad thing in his past

Question 9

Character evidence in civil cases

Answer 9

Character evidence is admissible when it is at issue. it is at issue when:

1. Defamation
2. Custody
3. Negligent entrustment

Question 10

Character evidence in criminal trial

Answer 10

Generally not admissible except

1. When D opens door with evidence of their GOOD character
2. If on trial for violent crimes, allowed to bring in reputation or opinion evidence about your peacefulness.

        1. bring in people to give their opinion that youre chill
          2. CANNOT say “john did this one time’. has to be REPUTATIONAL   

3. If the crime is to truthfulness, you can bring in evidence of your truthfulness

Question 11

Allowed to bring up padt crimes for character?

Answer 11

1. IF past crime went to truthfulness then yes always
2. IF its a felony and less than ten yeats old, then yes

Question 12

Can bring in circumstantial evidence of things john has done in the past to show MIMIC:

Answer 12

1. motive
   1. Can bring in evidence that you had a motive
2. Identity
   1. can bring in evidence to show it was John
   2. want to show you had a special scar, etc
3. Mistake
   1. Absence of mistake
4. Intent
   1. Intent to commit crime
5. common plan or scheme
   1. A red scarf was at the teller. the last 5 times John robbed a bank there was a red scarf there.

Question 13

Character evidence in self defense

Answer 13

Can bring in evidence that P was the aggressor in self defense cases

Question 14

If D is accused of molestation character evidence

Answer 14

evidence of other offenses are admissible