Relevancy and Reasons for Excluding Relevant Evidence

Question 1

Is evidence of a person’s character admissible in civil case?

Answer 1

NO. Similar to Fed Rules, generally inadmissible in civil case UNLESS person’s character directly at issue.

Question 2

What is the difference between TX and Fed rules regarding accused party in civil case involving moral turpitude?

Answer 2

in this case, TX will allow accused party to introduce character evidence to show good character. (If accused party does this, accusing party may introduce evidence showing bad character)

Question 3

What is the difference between TX and Fed rule regard civil case involving assault in which issue of self-defense raised?

Answer 3

In TX, accused party may introduce character evidence showing the alleged victim’s violent character. (accused victim can then introduce evidence of her peaceable character)

Question 4

Is evidence of a person’s character admissible in criminal case?

Answer 4

Generally, not admissible to prove she acted in conformity with the character or trait on particular occasion

Question 5

In what circumstances in a criminal case may the prosecution introduce “bad character” evidence?

Answer 5

1. Govt can show evidence relevant to proving relevant issue (modus operandi, motive)
2. D offers evidence of good character trait as defense - opens door to govt introducing evidence of bad character on same trait (jury receives limiting instruction)
3. Sentencing cases (finder of fact trying to determine what punishment should be

Question 6

Under what circumstances is evidence on victim’s character admissible?

Answer 6

1. Violent character in a criminal case (criminal assault/battery/homicide)
2. In homicide case; P allowed to rebut claim of first aggressor with character of peacefulness of the victim

Question 7

What must a witness do to prove reputation or opinion?

Answer 7

Must explain basis for the opinion they are about to render (foundation). In Texas, in criminal case, if witness is going to testify for the D on a positive character trait, the foundation for the character trait must have been formed before offense occurred.

Question 8

Are remedial measures admissible in civil action to prove liability?

Answer 8

No. inadmissible, UNLESS (TX exception ) the P receives a written notice of the defect from the D - admissible to prove liability

Question 9

List the inadmissible remedial measures inadmissible as evidence of liability

Answer 9

1. offers to compromise
2. payment of medical expenses
3. pleas, plea negotiations, settlement negotiations

Question 10

What is the rule regarding sex crimes for victim under 17?

Answer 10

TX allows evidence of other crimes/wrongs against the same same victim that are relevant to the charge.

Question 11

In a Homicide case, what evidence may a D raising a justification defense present?

Answer 11

evidence to establish that the use of force was immediately necessary - can include past violence directed by D towards the victim.

Question 12

Explain the Rape Shield Provision

Answer 12

evidence of alleged victim’s past sexual conduct, as well as reputation or opinion evidence of past sexual conduct - inadmissible in TX crim case involving prosecution of sexual assault (civil and crim cases)

Question 13

What are the 3 exceptions to the Rape Shield Provision?

Answer 13

1. Identity of the assailant
2. Consent - (D previously engaged in consensual sex with victim)
3. Bias or motive to fabricate