Relevancy and Excluding Relevant Evidence Flashcards
Relevant Evidence def
Any tendency to make a fact more or less probable is Generally ADMISSIBLE
Relevant Evidence is EXCLUDED if
- Unfairly Prejudicial
- Misleads or Confuses the Jury
- Causes Delay
Authentication def:
Must show that “the evidence is what it purports to be”
How to Authenticate:
- Direct Testimony
- Special Markings
- Testimony with PERSONAL KNOWLEDGE
Self-Authenticating evidence
- Does NOT require additional testimony
- Look for an Official/Notarized Document
Examples of self-authenticating evidence
o Newspapers
o Seal
o Anything notarized
Character Evidence def:
- Bad things the DEFENDANT did in the past which call his character into question
- OR
- calling a person’s character into question
Character Evidence admissibility
- generally NOT admissible
- Too prejudicial
- can be admissible in civil and criminal cases
When is character evidence admissible in a civil case?
when the character is at issue (ie; is the main issue of the case)
What are some civil cases where character is at issue?
- Defamation
- Child Custody
- Negligent Entrustment
- Misrepresentation/Fraud
how to prove character when character is at issue:
- Can be proven by reputation, opinion, and specific acts
When is character evidence admissible in criminal cases?
- Defendant OPENS THE DOOR
^Defendant introduces evidence of pertinent trait - Prosecution can then rebut evidence of same trait
OR
for MIMIC
Using Character evidence to show MIMIC is admissible. what is MIMIC?
Motive
Intent
Mistake (absence of)
Identification
Common plan or scheme
Self-Defense Claim
Defendant CAN show plaintiff was initial aggressor
Prior Acts of Child Molestation
Other instances of child molestation are ADMISSIBLE
