Relevancy - Character, SRMs, etc. Flashcards
Crimes or Other Acts General Rule
Character Inadmissible to prove that on a particular occasion he acted in accordance with that character or trait
When Is Character Admissible in Criminal Case and what type?
Motive, Identity, absence of mistake, intent, common scheme or plan, knowledge, opportunity, preparation
Reputation or opinion (specific acts on cross or if issue in case) subject to determination of unfair prejudice by judge
Exceptions to General Rule
When defendant discusses pertinent trait and opens door for prosecution
When defendant introduces victim’s character when asserted defense makes it relevant
When is Character Evidence Admissible in Civil Case and What type?
Defamation, deceit, misrepresentation, negligent entrustment, tortious assault/battery where defendant claims SD, child custody
ROSA allowed
What is the nature of habit evidence?
Regular response to a given situation that is done w/o a high degree of forethought; habit does not need to be corroborated
What are SRMs Inadmissible to prove
Negligence, culpable conduct, defect in product, defect in product design, need for warning or instruction
Can be admitted for ownership, control, or feasibility of precautionary measures
Rules of Compromise and Negotiations
Offers to settle and statements accompanying the offer is not admissible to prove the validity of the disputed claim, and can’t be used for impeachment
Can may admit for proving witness’s bias, negating a contention of undue delay or proving an effort to obstruct a criminal investigation/prosecution
Rules of Offers to Pay Medical Expenses
Not admissible to prove liability for injury, but statements made in offer can be severed from the offer and can be admissible
Rules of Pleas, Plea Discussions, and Related Statements
Not admissible against defendant for guilty please later w/drawn, plea of nolo contendere, statement during proceeding on either plea
Rule of Liability Insurance
Evidence that person was or wasn’t insured against liability not to be used to show negligence or wrongfulness
Statements made in connection with this evidence can be severed
Rule of Sexual Conduct
Not to be used to show victim engaged in other sexual behavior or victim’s sexual predisposition
Specific instances can be offered to prove someone else was source of physical evidence, prove consent , or when the exclusion of which violates defendant’s con rights
(High bar in civil cases - susbstantially outweigh danger to victim)
Procedures for Sexual Conduct Admission
File a motion with purpose 14 days in advance of trial, serve motion, and notify victim, and court must have in camera hearing
Rule of Similar Sex Crimes Admission
May be presented
