Relevant Evidence Flashcards
When is evidence relevant?
the fact at issue more likely than it would be without the evidence
What is 403?
evidence may be relevant but is excluded because
probative value is substantially outweighed by danger of unfair prejudice
within courts discretion
What are factors that would exclude evidence in 403?
confusion of issues, unfair prejudice, misleading the jury, or wasting time
What is character evidence
general information about person behavior
Can character evidence be admissisble in civil trial?
Inadmissible to prove a person acted in accordance with the character on a particular occasion
admissible if character is needed to prove claim or defense
Can you use victim character?
def. can introduce reputation or opinion of victims character
prosecution: rebuttable evidence of victims good character when D has introduced evidence of victims bad character
How to introduce character evidence into evidence?
reputation or opinion testimony
Are bad acts inadmissble?
no, not to show defendants propensity
When are bad acts admissible?
MIMIC
motive
intent
absence of mistake
ID
Common plan
still cant use to show propensity
When can you use character evidence in criminal case?
Defendant can admit evidence of good character to show that is inconsistent with crime charge
Prosecution generally not allowed to admit evidence of D’s prosperity. Once D admits evidence of good character P may rebut by attacking
When can specific acts be admissible for character evidence?
cilvil: if essential element of claim or defense
criminal: not admissible, if essential element of claim or defense use relevant facts only
What is habit evidence and how can it be used?
demonstrates a person particular routine, reaction to specific set of circumstances
admissible to prove the person acted in accordance with the habit on a particular occasion
Is MIMIC subject to 403?
Yes, even if the evidence can come in under mimic it is not admissible if probative value substantially outweighed by unfair prejudice.
When does a defendant open the door to character evidence?
introduce evidence of their own good character or evidence of alleged victims bad character
rebuttable presumption
is a conclusion that can be overcome if the opposing party produces contrary evidence
if no contrary evidence is produce the judge must tell the jury to apply the presumption
