Relevancy and Its Limits

Question 1

Admissibility

Answer 1

Relevant: more or less probable; fact of consequence

Balancing test: probative value substantially outweighed by prejudice, confusion (I/J), or delay (UD/WT/CE) (favors admission; must be significantly more prejudicial than probative)

Question 2

Character Evidence: Types

Answer 2

ORCs
Opinion: personal opinion about a person
Reputation: reputation of a person in the community
Conduct: specific acts that reflect a person’s character (will involve different people, places, times, or events than the trial)

Question 3

Character Evidence: Purpose

Answer 3

ICE
Impeachment
Conformity
Elements

Question 4

Character Evidence: Elements

Answer 4

Darned NICE
•	Defamation; 
•	Neg, Hiring, etc.; 
•	Immigration; 
•	Child custody; 
•	Entrapment

O and R

Question 5

Character Evidence: Impeachment

Answer 5

Civil or criminal trials

pertinent to truthfulness (prior acts of lying)

O and R

extrinsic evidence is not admissible (collateral matter) except on cross if probative to witness’s truthfulness or another witness who the current witness testified about

good faith, relatively recent, and not rumors

can only rehabilitate after impeachment

Question 6

Character Evidence: Conformity

Answer 6

Generally inadmissible to show conformity with that trait

Criminal Exceptions
Good criminals go first (OR)
• D’s evidence about own pertinent good character trait
• Govt gets to test witness
Criminals attack victims (OR)
• D’s evidence of V’s pertinent bad character trait
• Govt can rebut and offer evidence of D’s same bad trait
Peaceful dead guys (OR)
• Criminal homicide, self-defense
• Govt offers evidence of victim’s peacefulness
Promiscuous (C)
• Victim’s sexual history (very broad) is inadmissible
• Exceptions: consent, source of semen or injury, constitutionally required impeachment purposes
• Civil: ORC admissible if probative value substantially outweighs harm to the victim and prejudice to any party (i.e., only admissible if victim places it in controversy)
Predators (C)
• Child molestation or sexual assault
• Prosecutor must give notice
• Prior acts can be allegations that meet POTE

Question 7

Character Evidence Look-alikes

Answer 7

Specific acts from any time period offered for a purpose other than propensity (MIMIC+)
• Motive
• Intent
• Absence of Mistake
• Identity
• Common scheme or plan
• +: knowledge, opportunity, preparation, lack of accident
Govt must give notice of purpose and reasoning that supports the purpose

Question 8

Habit

Answer 8

Negative or positive repeated response to a particular action
Triggers: always, automatically, regularly, instinctively, without fail, invariably, habituallyAdmissible: O and C

Question 9

SRMs

Answer 9

After the accident
Inadmissible: prove negligence, culpable conduct, product/design defect, or need for warning
Admissible: prove ownership/control or feasibility when denied; impeach

Question 10

Settlements

Answer 10

Civil claim, dispute, offer to settle
Offer and admissions are inadmissible to prove validity of claim or amount
Admissible for any purpose, such as bias/prejudice or to negate a contention of undue delay

Question 11

Medical Expenses

Answer 11

Inadmissible to prove liability of injury

Only protects the offer; admissions of fact are admissible

Question 12

Pleas

Answer 12

Plea is never finalized
Plea and any statements made during negotiations to the prosecutor are inadmissible
Admissible if (1) completeness-like doctrine (part already offered and more is needed for context) and (2) perjury proceeding where under oath, on record, with counsel present

Question 13

Liability Insurance

Answer 13

Inadmissible to show negligence or fault

Admissible for other purposes, such as agency, ownership/control, bias/prejudice