Evidence _ Relevance

Question 1

“Relevant Evidence

Answer 1

• Any tendency to make a fact more or less probable;
• Generally ADMISSIBLE”

Question 2

“Relevant Evidence is EXCLUDED if

Answer 2

• Unfairly Prejudicial;
• Misleads or Confuses the Jury;
• Causes Delay;
• even if the evidence is relevant, it might not come in. Such if it’s unfairly prejudicial such as a lie detector test, wasting time/delay, anything that would mislead or confuse the jury - these will all be excluded.”

Question 3

“Authentication

Answer 3

• Must show “the evidence is what it purports to be”;
  *authenticate evidence - xrays, objects, papers;
  *what are they trying to do? Authenticating a piece of evidence, by giving evidence that it’s authentic.”

Question 4

“How to Authenticate

Answer 4

• Direct Testimony;
• Special Markings;
• Testimony with PERSONAL KNOWLEDGE (by markings or writings - by circumstantial evidence that has personal knowledge and is familiar w/ the evidence. DIRECT PERSONAL KNOWLEDGE AND FAMILIAR)”

Question 5

“HYPO - 1) If you have a voicemail message, how can you prove the voice?

Answer 5

personal knowledge/familiar = sufficient to authenticate it. and the call was made to the correct number, and the one who answered the phone is the one called = authenticated. i heard his voice, bobs number, it was bob, i can authenticate it. it’s his number and he picked up the phone and answered”

Question 6

“HYPO - 2) If you are doing handwriting, can you bring Jon’s second grade teacher to testify about his writing?

Answer 6

only if they’re familiar and have personal knowledge”

Question 7

“Self-Authenticating

Answer 7

• Look for an Official/Notarized Document (self authenticating docs - notarized / public official noticed paper);
• Does NOT require additional testimony; Examples: Newspapers; Seal; Anything notarized”

Question 8

“Character Evidence

Answer 8

• Bad things the DEFENDANT did in the past // character is about bad things that the D did in the past in a criminal case. “acted in conformity” (or P and D in a civil);
• NOT Admissible;
• Too prejudicial; Correct answer “inadmissible, improper character evidence, inadmissible probative is not weighed by prejudicial effects””

Question 9

“Character Evidence - Example: Jon’s on trial for murder. The prosecution wants to call Bob to testify that two weeks ago they were knocking off liquor stores together .. is this allowed?

Answer 9

J is on trial for Murder. Prosecution is trying to bring in a W to say that J is a bad person, this isn’t allowed. improper character evidence.”

Question 10

“Character ADMISSIBLE in CIVIL Cases

Answer 10

• Defamation (libel/slander);
• Child Custody; * Negligent Entrustment;
• Misrepresentation/Fraud (Negligent Hiring)”

Question 11

“When Character is at Issue - how can it be proven?

Answer 11

Can be proven by reputation opinion and specific acts”

Question 12

“Character ADMISSIBLE in CRIMINAL Cases

Answer 12

• Defendant OPENS THE DOOR;
• Defendant introduces evidence of pertinent trait;
• Prosecution can rebut evidence of same trait;
  *evidence can be brought in for peacefulness or good character as to truthfullness - this depends on the case.;
• violent crimes - evidence of only peacefulness is allowed not for truthfulness (only allowed through reputation or opinion by others);
• ponsy scheme (this goes against honesty/truthfulness) you can bring in only truthfulness reputation/opinion testimony. “

Question 13

“Character to show MIMIC is ADMISSIBLE

Answer 13

• Motive (evidence that isn’t coming in to prove that you killed someone, but you have motive);
• Intent (intent to kill the person, not to show that you killed the person);
• Mistake (absence of) (absence of a mistake or some mistake made);
• Identification (evidence to show that it was the D on the day in question);
• Common Plan or Scheme (if on trial for bank robbery, and there was a red scarf that was left, and the prosecution brings up witnesses that show that there were red scarfs left in prior crimes, it shows common plan/scheme);
• NOTE: Never pick the MIMIC answers IF THEY WEREN’T DISCUSSING IT IN THE FACTS”

Question 14

“Habit Evidence

Answer 14

• “Routine Practice”;
• ADMISSIBLE if habit is done all the time.”

Question 15

“Self-Defense Claim

Answer 15

• Defendant CAN show plaintiff was initial aggressor”

Question 16

“Prior Acts of Child Molestation

Answer 16

• Admissible for showing pattern or tendency”