Relevancy and Excluding Relevant Evidence

Question 1

Relevant Evidence

Answer 1

• any tendency to make a fact more or less probable
• generally = admissible

Question 2

Relevant evidence EXCLUDED IF:

Answer 2

-unfairly prejudicial
-misleads or confuses the jury
-causes delay

Question 3

Authentication

Answer 3

Must show that “the evidence is what it purports to be”

Question 4

Authentication: How to Authenticate?

Answer 4

• direct testimony
• special markings
• testimony with PERSONAL KNOWLEDGE

Question 5

Self-authenticating

Answer 5

• official/notarized document
• does NOT require additional testimony
  ex. newspapers, seal, notarized

Question 6

Character Evidence

Answer 6

• bad things the DEFENDANT did in the past
• NOT ADMISSIBLE
• too prejudicial

Question 7

Character Evidence: when admissible in civil cases

Answer 7

when it is at issue:
- defamation
- child custody
- negligent entrustment
- misrepresentation/fraud

Question 8

Character Evidence: when character is at issue

Answer 8

when it is at issue for 4 applicable civil cases = can be proven using reputation, opinion, and specific acts

Question 9

Character Evidence: admissible in CRIMINAL cases

Answer 9

• D opens the door w/ evidence of good character
• D introduces evidence of pertinent trait – honestness or peacefulness
• prosecution can rebut evidence of same trait

Question 10

Character Evidence: MIMIC is ADMISSIBLE

Answer 10

Motive
Intent
Mistake (absence of)
Identification
Common scheme or plan

Question 11

Character Evidence: self-defense

Answer 11

D CAN show plaintiff was the initial aggressor

Question 12

Character Evidence: prior acts of child molestation

Answer 12

other instances of child molestation are admissible

Question 13

Habit Evidence

Answer 13

• habit = routine practice
  ADMISSIBLE if habit is done all the time