Relevancy Flashcards
Relevant Evidence
- Has any tendency to make a fact more or less probable than it would’ve been without the evidence
- Generally ADMISSIBLE
Relevance Evidence EXCLUDED if
- unfairly prejudicial (i.e. lie detector test)
- misleads or confuses the jury
- causes delay, wasting time
Authentication
“the evidence is what it purports to be”
How to Authenticate?
- direct testimony
- special markings
- testimony with personal knowledge
Self-Authenticating
- does NOT require additional testimony
- i.e. newspaper, seal, notarized documents
Character Evidence
- bad things defendant did in the past
- NOT admissible
- Too prejudicial
[Civil] Character Evidence EXCEPTIONS
Character will be admissible when it is an issue:
1) defamation (libel/slander)
2) child custody
3) negligent entrustment
4) mistrepresentation/Fraud
When character is at issue
can be proven by reputation, opinion, and specific acts
[Criminal] Character Evidence EXCEPTIONS
- Defendant OPENS the door of his GOOD character (honest/peaceful person)
- Prosecution can rebut evidence of same trait
Specific Act is NOT allowed
MIMIC Exceptions
Motive
Intent
Mistake (absence of)
Identification
Common Plan or Scheme
Self-Defense Claim
Defendant can show plaintiff was the initial aggressor
Defendant opens the door
Prior Acts of Child Molestation
Other instance of child molestation are admissible
Habit Evidence
- routine practice/habit is admissible if done ALL THE TIME
