New Evidence

Question 1

When is evidence relevant?

Answer 1

1. Material: tries to prove a fact at issue in case, and
2. Probative: haves any tendency to prove or disprove that fact

Question 2

When may relevant evidence be kept out of court?

Answer 2

Rule 403: trial judge weighs importance and persuasiveness of evidence against public policy considerations and the likelihood that evidence will:
1. Cause unfair prejudice
2. Confuse issues
3. Mislead jury
4. Cause undue delay
5. Waste time
6. Be needlessly cumulative

Question 3

Evidence of prior similar occurrences

Answer 3

Evidence involving time, place, or person not connected to present case generally inadmissible

Question 4

When is evidence of prior similar occurrences admissible?

Answer 4

1. Previous similar false claims
2. Previous injuries to same body part
3. Prove motive or intent
4. Similar accidents caused by same dangerous condition to prove condition existed, condition caused injury, and D had notice of condition
5. Prior event with known cause to prove cause in present case
6. Rebut claim of impossibility
7. Recent sale prices to prove value
8. Prove habit

Question 5

Character evidence

Answer 5

• Proof of a person’s general propensity or disposition
• Inadmissible as proof that person acted in accordance with their character during the events of case

Question 6

What are the types of character evidence?

Answer 6

• Opinion evidence: testimony of someone who knows the person
• Reputation evidence: testimony of someone familiar with person’s reputation in community
• Specific acts: evidence of prior crimes or conduct

Question 7

When can a D introduce character evidence in a criminal case?

Answer 7

1. D may introduce opinion or reputation evidence of their own good character for a pertinent trait
2. D may introduce opinion or reputation evidence of victim’s violent character in self-defense case
3. D may introduce any evidence of victim being aggressor in homicide self-defense case

Question 8

When can the prosecution introduce character evidence?

Answer 8

D must open the door
1. May introduce opinion or reputation evidence to rebut D’s evidence of good character or cross-examine with questions about specific acts
2. May introduce character evidence of victim’s good character and D’s bad character in self-defense case
3. May introduce character evidence of victim’s peacefulness in homicide self-defense case

Question 9

When is character evidence admissible in civil cases?

Answer 9

• Generally inadmissible to prove that person acted in conformity with their character
• Specific past bad acts or crimes admissible to show motive, intent, mistake, identity, or common plan/scheme