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Evidence > Relevance and Character Evidence > Flashcards

Relevance and Character Evidence Flashcards

1
Q

Define Relevance

A

Evidence is relevant if it has any tendency to make a material fact more or less probable that without the evidence

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2
Q

When is relevant evidence inadmissible?

A

If excluded under a specific rule or it fails a FRE 403 balancing analysis

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3
Q

What factors are weighed under Federal Rule of Evidence 403?

A
  1. Danger of unfair prejudice
  2. Confusion of the issues
  3. Misleading the jury
  4. Undue delay
  5. Waste of time
  6. Unduly cumulative
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4
Q

Is evidence of a similar occurrence relevant?

A

If it concerns some time, event, or person other than that involved in the case at hand, NO.

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5
Q

Is the plaintiff’s past accident history admissible?

A

Yes, if the event that caused plaintiff’s injury is in issue (i.e., D wants to show that prior accident caused injury, not present accident)

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6
Q

Can evidence of other accidents involving the same instrumentality or condition be admitted?

A

Yes, in three limited circumstances, but only if the other accidents occurred under substantially similar circumstances

Note: this applies to experiments and tests as well

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7
Q

What are the three limited purposes for which prior accidents involving the same instrumentality or condition may be admitted?

A
  1. To show existence of dangerous defect
  2. To show causation of the accident
  3. To show prior notice by the Defendant
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8
Q

Can prior similar conduct be admitted to show intent?

A

Yes, such as multiple instances of employment discrimination

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9
Q

Is evidence of habit admissible?

A

Yes, for both individuals and business organizations

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10
Q

How is habit distinguished from character evidence? **

A

Habit evidence has two defining characteristics:

  1. Frequency
  2. Particularity
    * Additional NY Requirement* - Complete control of the circumstances
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11
Q

Define habit:

A

A repetitive response to a particular set of circumstances (almost involuntary)

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12
Q

What are the key words that may indicate habit?

A

Always, never, invariably, automatically, instinctively

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13
Q

How is habit shown for a business organization?

A

Look for routine business practice (i.e. mail picked up from office every day at 2pm)

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14
Q

Is industrial custom admissible evidence of proper standard of care?

A

Yes, to show how a party in a certain industry should have acted

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15
Q

Is evidence of liability insurance admissible?

A

No

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16
Q

Are there exceptions where evidence of liability insurance may be admitted?

A

Yes.

  1. To show ownership or control if disputed
  2. To impeach a witness
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17
Q

Is evidence of subsequent remedial measures admissible? **

A

MBE - No, unless dispute as to ownership, control, or feasibility of safer design
NY - Admissible in strict products liability action to show manufacturing defect

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18
Q

Is evidence of a settlement of a disputed civil claim admissible?

A

No. Why? It encourages settlement talks between the parties.

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19
Q

Is evidence of an offer to settle a disputed civil claim admissible?

A

No. Why? It encourages settlement talks between the parties.

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20
Q

Are statements of fact made during settlement negotiations in a civil dispute admissible?

A

No. Why? It encourages settlement talks between the parties.

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21
Q

What are the two exceptions to the rules regarding inadmissibility of civil settlement evidence? **

A
  1. Impeachment for bias
  2. Statement of fact made to gov’t regulator agency (but not in NY)

Note: Offers to settle with a gov’t regulatory agency are not admissible. Only statements of fact.

22
Q

What evidence from plea bargaining in a criminal case is inadmissible? **

A
  1. Offer to plead guilty
  2. Withdrawn guilty plea (NY - admissible in subsequent civil case)
  3. Plea of nolo contendre
  4. Statements of fact made during negotiations
23
Q

Is a guilty plea admissible?

A

Yes, it’s a party admission.

24
Q

A’s and B’s cars collided. B immediately ran up to A and said “Look, I’ll settle with you for $100,000 if you don’t sue.” Should A be allowed to introduce B’s statement against him at a subsequent trial?

A

Yes. At this point, there as no disputed civil claim.

25
Q

After A’s and B’s cars collided, A sent a letter to B saying “The accident was all your fault. I demand that you pay my damages in the amount of $100,000.” B called A and said “You’re right, it was all my fault and I owe you the $100,000 you’re asking for. But you know how fickle juries can be. If you don’t accept $50,000 now, you’ll have to sue.” Can A introduce B’s statements against B at a subsequent trial?

A

Yes. A’s letter to B asserts a claim. However, B does not dispute liability OR damages. A dispute as to either is sufficient to exclude all statements. Therefore, the statements are admissible.

26
Q

Are offers to pay hospital or medical expenses admissible?

A

No, but the rule does not exclude other statements made in connection with the offer to pay.

27
Q

D’s car hits pedestrian P. D immediately ran to P and said (a) “Don’t worry about a thing, I’ll pay for your hospital bills” and (b) “I shouldn’t have run that red light.” Are any statements admissible?

A

Yes, statement (b) is admissible. Statement (a) is an offer to pay medical expenses, and is therefore excluded. Statement (b) is not an offer; rather it’s a party admission.

28
Q

What is character evidence?

A

Evidence that refers to a person’s general propensity or disposition (i.e., honesty, fairness, peacefulness, or violence)

29
Q

In a criminal case, is evidence of Defendant’s character offered to prove conduct on a particular occasion admissible?

A

Not during the prosecution’s case in chief. However, if D opens the door during the defense, the prosecution may rebut.

30
Q

What kind of character evidence can a defendant introduce about himself during the defense? **

A

Evidence of a RELEVANT character trait offered by reputation or opinion testimony.

In NY, by reputation evidence only.

31
Q

Rambo is charged with murder. During its direct case, should the prosecution be allowed to introduce evidence that Rambo has been (a) convicted three times for assault, (b) has a bad reputation for violence, and (c) he recently stampeded a herd of cattle through the middle of town?

A

NO for all three.

(a) Convictions are admissible only for impeachment purposes
(b) Reputation evidence is admissibly only if D has first opened the door
(c) Specific act evidence isn’t admissible even after D has opened the door

32
Q

When character evidence about the defendant is admissible through a character witness to prove conduct in conformity, what are the proper forms for introduction? **

A
  1. Reputation
  2. Opinion (Not in NY)

Evidence of specific acts is inadmissible

33
Q

If D has opened the door for character evidence, how may the prosecution rebut? **

A
  1. Cross-examination of D’s character witness
  2. Calling its own witnesses to give reputation or opinion testimony (Reputation only in NY)
  3. NY ONLY - P may introduce evidence of D’s conviction of a crime that reflects adversely on the character trait in issue
34
Q

How does the prosecution rebut by means of cross-examination?

A

Asking “Have you heard” or “Did you know” questions to the Defendant’s witness. Prosecution must have a good faith basis for believing the act occurred.

35
Q

If a character witness for the defendant denies knowledge of the bad acts mentioned by the prosecution during cross examination, may the prosecution prove that the acts occurred?

A

NO. The prosecution must take the answer of the witness.

36
Q

Are there limits on the bad acts the prosecution may inquire about during cross examination of a character witness?

A

Yes - the bad acts must relate to the character traits in issue.

Example - Tax fraud is irrelevant to peacefulness vs. violence

37
Q

What is the Federal Rule for introducing evidence of the victim’s character?

A

A criminal defendant may introduce evidence of victim’s violent character as circumstantial evidence that the victim was the first aggressor.

Such evidence may proven by reputation or opinion.

38
Q

What is the New York Rule for introducing evidence of the victim’s character?

A

Evidence of the victim’s character for violence is not admissible to prove that victim was the first aggressor.

39
Q

What is the scope of the prosecution’s rebuttal when D offers evidence of the victim’s character for violence?

A
  1. Evidence of the victim’s good character for peacefulness (rep or op); and or
  2. Evidence of D’s bad character for violence (rep or op)
40
Q

D has been charged with assault for throwing a chair at V. D claims V started the fight and lunged at him with a knife. To prove that V was the first aggressor, D calls W to testify:

(a) I know V and in my opinion he is very violent **
(b) V attacked me for no reason a few years ago **

A

(a):
Fed - Admissible. Opinion / claim of self-defense
NY - Inadmissible

(b):
Fed - Inadmissible - no specific act evidence
NY - Inadmissible

41
Q

May a defendant testify about their own knowledge of victim’s bad character for violence?

A

Yes, for the purpose of showing D’s state of mind, namely that they feared the victim

OK for Fed and NY

42
Q

What evidence is ordinarily inadmissible under the Rape Shield Law?

A
  1. Opinion / Reputation evidence about victim’s sexual propensity; or
  2. Evidence of specific sexual behavior of victim
43
Q

What are the exceptions to the Rape Shield Law

A
  1. Specific sexual behavior of the victim to prove that someone other than the defendant is the source of the injury; or
  2. Victim’s sexual history with the defendant if the defense of consent is asserted; or
  3. Where exclusion would violate D’s due process rights
44
Q

When is character evidence admissible in a civil case?

A

Only where character is an essential element of the claim (i.e., defamation, negligent hiring / supervision, child custody disputes)

Character evidence is inadmissible to prove conduct in conformity

45
Q

How may character evidence be proven in a civil case?

A
  1. Reputation
  2. Opinion
  3. Specific Acts
46
Q

Can character evidence ever be introduced by the prosecution in their case in chief?

A

Yes - If offered for a not-for-character purpose

47
Q

What are the five most common non-character purposes? (MIMIC)

A 
M: Motive
I: Identity
M: Mistake or Accident (the absence thereof)
I: Intent (State of mind)
C: Common Scheme or Plan
48
Q

How are MIMIC-purpose crimes proven? **

A
  1. By conviction
  2. By evidence (witnesses, etc) that prove the crime occurred (conditional relevancy)
  3. NY Rule for Identity - P must produce clear and convincing evidence
49
Q

What is the conditional relevancy standard?

A

The prosecution need only produce sufficient evidence from which a reasonable juror could conclude the defendant committed the other crime

50
Q

What are the procedural requirements for introducing MIMIC evidence?

A
  1. Pretrial notice if requested by D

2. Subject to FRE 403 balancing (especially prejudice)

51
Q

Is MIMIC evidence admissible in a civil case?

A

Yes, if relevant for a not-for-character purpose

52
Q

What is the Federal Rule regarding other sexual misconduct in sexual assault and child molestation cases?

A

Prior specific acts of sexual misconduct / child molestation admissible in prosecution’s case in chief for purpose of showing propensity.

May not be proven by reputation or opinion

NY has not adopted this rule.

Evidence (6 decks)

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