Relevancy and Excluding Relevant Evidence

Question 1

When is a matter relevant

Answer 1

When it has a tendency to make a fact more or less probable than it would have been without the evidence

Generally relevant evidence is admissible

Question 2

Instances you can exclude relevant evidence?

Answer 2

1. Unfair prejudice: lie detector test
2. If the evidence would mislead the jury, confuse any issue
3. cause delay wasting time or needless presentation of evidence

Question 3

Authentication

Answer 3

• you must show that the evidence is what is purports to be
• writings, documents, pics, voice recordings, charts, objects.

Question 4

How to prove authentication

Answer 4

o direct testimony identifying the object.
o Special markings
o Testimony by someone with personal knowledge who is familiar with the evidence.

Question 5

Self Authenticating

Answer 5

The object authenticates itself.

o Anything official, notarized, a newspaper

Question 6

Character Evidence (Defendant)

Answer 6

• The bad things the Defendant did in the past
• Character evidence is inadmissible because its too prejudicial.

Question 7

Exceptions to Character Evidence- Civil Cases

Answer 7

• If doing civil case: Character will be admissible when its at issue in the case

1. Defamation: liable or slander
2. Child custody
3. Negligent entrustment
4. Misrepresentation or fraud

o If is at issue in civil case can b proven using reputation, opinion and specific acts

Question 8

Exceptions to Character Evidence- Criminal Cases

Answer 8

• If doing crim case: character is not admissible
  Exception:

1. When the D opens the door with evidence of his good character. Can prove good character for:

a. For peacefulness
b. Or honest/ trustworthiness

c. Can only do 1 of these match the crime with the way admitting evid of good character.

• Once open door P can rebut with all bad evidence D has done. That negates the same trait.
• D can only use reputation or opinion to show the good character . And then P can rebut with reputation or opinion evidence of the bad character.

Question 9

Exceptions to Character Evidence- MIMIC

Answer 9

1. Motive
2. Intent
3. Mistake or absence of mistake
4. Identification
5. Common plan or scheme

• Cant bring in to show did the crime but to show MIMC
• MIMIC only applies if they are talking about it in the facts

Question 10

Using Character Evidence to show- Self Defense

Answer 10

• If the D claims self defense: They can show that the P was the initial aggressor.
• If the D is accused of child molestation: Evidence of other offenses of child molestation is allowed.

Question 11

Habit Evidence

Answer 11

• Habit evidence is admissible.
• Can bring it in if its done all the time
• Not admissible to show committed the crime but admissible to show I have a routine.