relevancy, character evidence

Question 1

relevant evidence

Answer 1

Any evidence that makes a fact of consequence more or less probable.

Question 2

logical relevance

Answer 2

Evidence that has logical tendency to prove or disprove a fact of consequence.

Question 3

legal relevance

Answer 3

Evidence that helps decide the legal issue of the case

Question 4

conditional relevancy

Answer 4

Occurs when one item’s relevance is conditioned on the relevance of another piece of evidence

Question 5

excluding relevant evidence (403 balancing test)

Answer 5

relevant evidence may be excluded if the probative value of the evidence is substantially outweighed by:
1. the danger of unfair prejudice
2. confusion of the issues
3. misleading the jury
4. undue delay
5. waste of time or,
6. needless presentation of cumulative evidence

*favors ADMISSION

Question 6

What is the only type of evidence that is an exception to the 403 balancing test? (i.e. will be admitted without 403 balancing test)

Answer 6

Evidence of a conviction of a felony or misdemeanor involving dishonesty that is less than 10 years old.

Question 7

character evidence

Answer 7

evidence about the kind of person someone is, and says something about things that the person did, would do, thinks
*counts as circumstantial evidence. danger is trier of fact will base opinion solely on CE.

Question 8

three forms of character evidence

Answer 8

(“R.O.SA)
1. Reputation
2. Opinion
3. Specific Acts

Question 9

Who can offer testimony as to a witness’s reputation?

Answer 9

Anyone who is aware of the witness’s reputation in the relevant community

Question 10

Who can offer opinion testimony on a witness’s character?

Answer 10

someone who has sufficient knowledge to form an opinion about the particular trait

Question 11

impeachment by reputation and opinion for unthruthfulness

Answer 11

a witness can be impeached with their character for untruthfulness shown by reputation or opinion evidence.

Question 12

impeachment by prior bad acts

Answer 12

Specific acts of any testifying witness that are probative for their truthfulness are admissible to attack or support the witness’s credibility. The act HAS to be related to truthfulness/dishonest conduct

PERMITTED ONLY BY:
-asking questions
-on cross-examination
-inquiring into the witness’s own prior bad acts bearing on truthfulness

*the examiner is bound by the witness’s answer

Question 13

For what purpose can the prosecution cross-examine character witnesses about specific acts?

Answer 13

To impeach the witness, including by suggesting that the witness doesn’t know the accused well (e.g. “Well, you say D is truthful, but did you know he cheated on the bar exam?)

Question 14

character evidence in civil cases

Answer 14

rule: CE is inadmissible to prove conduct in conformity therewith

Question 15

exception to civil rule of CE

Answer 15

admissible where character is an essential element of a cause of action
(defamation, child custody)

Question 16

D’s character evidence in criminal cases

Answer 16

reputation or opinion evidence of D’s good character is allowed if the trait is pertinent to the charge (ex. peacefulness in a crime of violence).

*cannot be introduced by specific acts
*must be raised by D first, then once raised by D, prosecution may rebut with reputation or opinion evidence

Question 17

Victim’s character evidence in criminal case

Answer 17

D may offer evidence of victim’s violent character as circumstantial evidence that the victim was the first aggressor.

the prosecution may rebut with good character of the victim, or bad character of the D through reputation or opinion.

Question 18

accused attacks victim’s character trait

Answer 18

if the accused offers evidence of a relevant character trait of the alleged victim (reputation and opinion), the prosecution in rebuttal may offer evidence of the same character trait of the accused (reputation and opinion)

Question 19

evidence used for a purpose other than to show conformity with one’s character

Answer 19

(both civil and criminal) (“MIMIC”)
1. Motive
2. Intent
3. absence of Mistake
4. Identity
5. Common scheme or plan

Question 20

rape-shield law

Answer 20

in any civil or criminal proceeding involving alleged sexual misconduct, evidence offered to show the alleged victim’s sexual behavior, sexual predisposition, and other sexual history is excluded

Question 21

exceptions to the rape-shield law

Answer 21

criminal cases- specific acts are admissible in the following situations:
1. consent
2. source of semen, injury, or other physical evidence
3. evidence that is constitutionally required

civil cases: evidence is admissible if:
-the probative value substantially outweighs the danger of harm to any victim, and of unfair prejudice to any party.
-evidence of the victim’s reputation is admissible when the victim placed it in controversy.

Question 22

In a criminal/civil case in which D is accused of child molestation, are prior acts admissible?

Answer 22

Yes, the court may admit evidence that D committed any other child molestation. The evidence may be considered on any matter to which it is relevant.

Question 23

habit evidence

Answer 23

evidence of the habit of a person or routine practice of an organization.

-is relevant to prove conduct in conformity with the habit.

(look for wards such as always, automatically, regularly)

Question 24

public policy CE exclusions

Answer 24

otherwise relevant evidence that is barred due to public policy

1. subsequent remedial measures
2. compromise and offers to settle
3. payment of medical and similar expenses
4. pleas, plea discussions, and related statements
5. liability insurance

Question 25

subsequent remedial measures

Answer 25

someone tried to fix something after the injury that is the subject of the trial

-inadmissible to prove negligence, culpable conduct, design defect, or the need for a warning.

Question 26

exceptions to subsequent remedial measures exclusion

Answer 26

1. to show ownership or control if denied
2. the show feasibility of precautionary measures if denied
3. the need for a warning if denied
4. to impeach

Question 27

Compromise rule and offers to settle

Answer 27

evidence of an offer to settle a civil claim that is disputed about either validity or amount is inadmissible to prove liability
-includes statements made in connection with the offer to settle.

Question 28

exceptions to the compromise exclusion

Answer 28

1. admissible to show bias or prejudice
2. to negate a contention of undue delay

Question 29

pleas, plea discussions, and related statements

Answer 29

A plea and any statements made during plea negotiations by a D to a prosecutor in a criminal proceeding will be inadmissible against the defendant in a later if:
-plea is not reached or accepted by the court; or
-the D pleas nolo contendere

*This rule does NOT apply to statements made to the police, only to statements made to a prosecutor.

Question 30

payment of medical and similar expenses

Answer 30

Evidence of offering to pay medical (hospital or similar) bills and paying them are INADMISSIBLE to prove liability for an injury

*BUT any admissions of fact made in connection with this offer ARE admissible.

Question 31

liability insurance

Answer 31

Evidence that a person was or was not insured is INADMISSIBLE to prove negligence or fault.

Question 32

liability insurance exclusion exceptions

Answer 32

Evidence of insurance against liability may be admitted for another purpose, such as:
-proof of agency;
-ownership or control; or
-bias or prejudice of a witness.