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Evidence > Relevance > Flashcards

Relevance Flashcards

1
Q

Admissibility of Evidence Rule

A

Evidence must be relevant to be admissible & all relevant evidence is admissible unless:

  1. Excluded by a Specific rule,
  2. law or
  3. constitutional provision
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2
Q

What is relevant evidence?

A

Evidence is relevant if:

  1. Probative and
  2. Material
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3
Q

When is evidence Probative?

A

Tendency to make a fact more or less probable than it would be without the evidence

  • aka Logical Relevance
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4
Q

When is evidence Material ?

A

Evidence that is helpful in deciding the case

  • aka Legal Relevance
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5
Q

When may relevant evidence be excluded?

A

If the probative value is substantially outweighed by the danger of the following unfair prejudice:

  1. The evidence confuses the issues
  2. The evidence misleads the jury
  3. The evidence causes undue delay
  4. The evidence wasts time
  5. Needles presentation of cumulative evidence
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6
Q

Direct Evidence

A

Identical to the factual proposition that it is offered to prove

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7
Q

What is circumstantial Evidence?

A

Indirect Proof - Facts that logically establish other facts

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8
Q

When the relevance of evidence depends upon whether a fact exists

A

Proof must be sufficient to support finding that the fact does exist

  • Court May admit the proposed evidence on the condition that proof is introduced later
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9
Q

When is irrelevant evidence admissible?

A

Curative Admission

  • When court admits evidence that is not relevant
  • Court may Admit the proposed evidence when nec. to rebut previously admitted irrelevant evidence to remove unfair prejudice
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10
Q

What is Character Evidence ?

A

Generalized information about a person’s behavior

  • Information D is a criminal
  • a bad parent
  • inattentive driver

Generally Admissible

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11
Q

When is Character Evidence Inadmissible in Civil Cases?

A

To prove a perso acted in accordance with that character (or trait) on a particular occasion

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12
Q

When is character evidence admissible in a Civil Case?

A

When character is an essential element of a claim or defense (not a means of proving person’s conduct)

  • Commonly an essential element in:
    • Defamation (character of P)
    • Negligent Hiring(Char. of pers. Hired)
    • Negligent Entrustment (Char. of pers. entrusted)
    • Child-Custody Cases (Char. of parent or guardian)
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13
Q

Criminal Case - By Prosecution - Evidence of Defendant’s Bad Character

A
  • Not permitted to prove D has propensity to commit crimes so its likely he also commited the crime in question
  • BUT once D “opens the door” (offers ev. of his good char. or victims bad char.) Prosecution can rebut D’s claims by attacking D’s character
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14
Q

Criminal Case - By Defendant - Evidence of Defendant’s Good Character

A
  • A defendant can into. ev. of his good char. as being inconsistent with the type of crime charged
  • BUT must be pertinent to crime charged and
  • must be in the form of reputation/opinion testimony
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15
Q

Criminal Case -Victim’s Character (By Defense)

A
  • D can introduce reputation/opinion evidence of victim’s char. when relevant to defense asserted
  • Intro. of ev. of alleged victim’s sexual misconduct is significantly limited
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16
Q

Criminal Case - Victims Character (By Prosecution)

A
  • Can Offer rebuttal evidence of victim’s good char. when D has intro. ev. of victim’s bad char.
  • Homicide Case - can into. trait for peacefulness to rebut ev. that vic. was first aggressor
17
Q

Methods of Proving Character

A

When char. ev. is admissible, it may always be proved by:

  • Testimony about the person’s rep. or
  • in the form of the witness’s opinion
18
Q

Definition of Reputation Evidence

A
  • Defendant’s reputation in the community
  • Community - Includes ppl who D engages with on a regular basis
19
Q

When is Character Evidence Admissible for Impeachment Purposes?

A

Char. ev. of witness’s untruthfulness is admissible/relevant to impeach a witness

20
Q

Evidence of Bad Acts

A
  • Not admiss. to show D’s criminal propensity to prove he committed crime in question
  • Admissible for another purp. such as:
    • Motive,
    • Opportunity
    • intent
    • preparation
    • plan
    • knowldge
    • Identity
    • Absence of Mistake, or
    • Lack of accident
21
Q

What is the MIMIC rule?

A

When evidence of other crimes may be admissible

  1. Intent
  2. Absence of Mistake
  3. Identity
  4. Common Plan or
  5. Scheme
22
Q

Civil Cases - Introduction of Specific Acts as Character Evidence

A
  • When char. ev. is admiss. as ev. in civil case (essential element of claim/defense)
  • It can be proved by:
    • specific instances of a person’s conduct or
    • testimony about person’s reputation or
    • testimoney in the form of an opinion
23
Q

Criminal Cases - Introduction of Specific Acts as Character Evidence

A
  • Char. is Essential Elem. of the crime charged - D can intoduce relevant specific acts inconsistent with the crime and
  • Non-Propensity Use - MIMIC ev., instances of conduct may be admissible
  • Specific acts not admiss. to show D’s criminal propensity
24
Q

MIMIC Evidence - Notice

A
  • When Criminal D requests,
  • Prosecution must provide reas. notice
  • of the general nature of such evidence the Prosecution intends to offer at trial
  • Must give notice b/f trial unless court excuses lack of pretrial notice for good cause
25
Q

Cross-Examination of Character Witness

A

Court may allow a party to ask about specific acts committed by the person the wit. is testifying about

26
Q

What is Habit Evidence?

A

Evidence of a person’s particular routine reaction to a specific set of circumstances

27
Q

When is Habbit Evidence Admissible?

A
  • To prove person acted in accordane with habbit on a particular occasion
  • Can be admitted w/out coroboration and w/out an eyewitness
28
Q

What analysis is all evidence subject to?

A

403 Balancing: if the probative value is substantially outweighed by the prejudicial effects

29
Q

If character evidence is based on opinion, what must a witness establish?

A

That he has sufficient knowledge to form an opinion about the particular trait

30
Q

When char. is an essential element of the trial, what type of char. evidence is admissible?

A

Specific instances of that person’s conduct may be offered as evidence

31
Q

In a criminal case, what are the limits on the use of character evidence ?

A

The pertinent trait of what the D is on trial for is all that can be discussed by character evidence

  • If case involves crime of violence - peacefulness is the pertinent trait
  • If trial is for fraud - Honesty is the pertinent trait
32
Q

When can testimony in Criminal case about the pertinent trait or character of the Victim be introduced?

A
  • D can offer ev. of victim’s violent char. as circ. ev.
  • That vic. was the first aggressor
  • and D acted in self defense
33
Q

If Defendant offers evidence that the victim was the 1st aggressor, what can the prosecution do?

A
  • Prosecution can offer evidence of the victim’s good char. for peacefulness
  • Prosecution can only rehabilitate victim’s char. of peacefulness b/c ev. used was not character evidence
    • It was related to the specific facts at issue

Evidence (13 decks)

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