Relevancy & Excluding Relevant Evidence

Question 1

Relevant Evidence

Answer 1

= evidence that has a tendency to make a fact MORE or LESS probable

→ generally, IS admissible

Question 2

When is Relevant Evidence excluded?

Answer 2

Relevant evidence is excluded (inadmissible) if it’s…

1. unfairly prejudicial (e.g., lie detector test)
2. misleads OR confuses the jury
3. causes delay / wasting time

Question 3

What is authentication? And how does one authenticate?

Answer 3

authentication = must show “the evidence is what it purports to be” (what you claim the evidence is)

How to Authenticate:

1. Direct Testimony identifying the object
2. Special Markings on the object
3. Testimony from someone who has PERSONAL KNOWLEDGE of (familiarity with) the object

Question 4

Self-Authenticating

Answer 4

= evidence that does NOT require additional testimony to authenticate it

look for → an Official / Notarized document

E.g., a seal, newspaper, anything notarized

Question 5

Character Evidence

Answer 5

Character Evidence = bad things the DEFENDANT did in the past (in a civil case, could be re: Plaintiff or Defendant)

*default is it’s NOT admissible b/c its prejudicial value OUTWEIGHS its probative value

BUT there are some exceptions…

Question 6

When is Character Evidence admissible in a Civil case?

Answer 6

Character Evidence IS admissible in a Civil case when character is at issue in the case. These issues are:

1. Defamation (Libel / Slander)
2. Child Custody
3. Negligent Entrustment
4. Misrepresentation / Fraud

*CAN be proven by: reputation, opinion, specific acts

**Character Evidence is ALSO admissible if it’s to show D’s “MIMIC” (different flashcard) -OR- for D’s self-defense claim to show P was initial aggressor (diff. card)

Question 7

When is Character Evidence admissible in a Criminal case?

Answer 7

Character Evidence IS admissible in a Criminal case in this scenario…

• 1) Defendant OPENS THE DOOR with evidence of his Good Character showing his Trait of Truthfulness OR Peacefulness
  
  • *D can ONLY use Reputation OR Opinion evidence to show Good Character
• 2) the Trait must be relevant to the crime (e.g., murder → peacefulness; fraud → truthfulness)
• 3) Prosecution can REBUT evidence of that same Trait
  
  • *Prosecution can ONLY use Reputation OR Opinion evidence to rebut D’s Good Character evidence

**Character Evidence is ALSO admissible if it’s to show D’s “MIMIC” (different flashcard) -OR- for D’s self-defense claim to show P was initial aggressor (diff. card) -OR- D’s prior acts of child molestation (diff. card)

Question 8

What is MIMIC?

Answer 8

Character Evidence to show Defendant’s “MIMIC” IS ADMISSIBLE:

1. Motive
2. Intent
3. [absence of] Mistake
4. Identification
5. Common Plan or Scheme (must be very specific - e.g., Zoro carving “Z” in wall)

*remember, MIMIC only applies if facts discuss one of these^

Question 9

claim of Self-Defense

Answer 9

→ Defendant CAN introduce evidence showing Plaintiff was the initial aggressor

Question 10

Prior Acts of Child Molestation

Answer 10

= evidence of Defendant’s previously molesting a child IS admissible

Question 11

Habit Evidence

(and aka?)

Answer 11

= evidence showing a person (or an org.) does something the same way ALL THE TIME → IS admissible (e.g., every day, D drives to work same route and parks in same spot)

aka. “routine practice”

Key Words: “always” or “every time” (NOT “often” / “frequently”, which is for Character evidence)