Relevancy Flashcards
(52 cards)
Relevant evidence means
evidence which tends to make the existence of any fact more or less probable than it would be without the evidence
- logically relevant
- legally relevant
What is logical relevance?
some logical tendency to prove or disprove a fact of consequence
What is legal relevance?
the evidence must be helpful in deciding the case
Although relevant, evidence may be excluded if
If the probative value is SUBSTANTIALLY outweighed by the prejudicial effect
(1) the danger of unfair prejudice, meaning the evidence invites the jury to make a decision on an improper ground;
(2) confusion of the issues;
(3) misleading the jury;
(4) considerations of undue delay;
(5) waste of time; or
(6) needless presentation of cumulative evidence (oral and documentary, as may be presented to the court at the hearing hereon).
Who’s eyes do we look through when determining the 403 balancing test?
The trier of fact
What is circumstantial evidence?
EXAMPLE: Footprints in the snow showing someone came to door and left newspaper there. Circumstantial evidence that the paper boy delivered the paper.
Demonstrative evidence is?
Prepared in anticipation or trial to assist the jury or fact finder
Character evidence refers to a
general propensity or disposition for honesty, peacefulness, violence.
When is character evidence used as an essential element of the case?
Rare in Civil cases, NEVER in criminal cases.
When is character evidence admissible to prove conformity therewith in civil cases?
Inadmissible unless
—essential element of a claim or defense, then all forms are admissible ROSA
What are the three forms of character?
- reputation
- opinion
- specific acts
If trying to offer character evidence in the form of opinion or reputation, they must prove
the witness must establish he is aware of the reputation of the party in the relevant community.
If evidence is opinion, the witness must establish
that he has sufficient knowledge to form an opinion about the particular trait.
When character is an essential element of the trait, then
specific instances of that person’s conduct may be offered as well. Rule 405(b).
Specific civil causes of action where character is an issue: ROSA
(4)
- defamation (π’s in issue)
- child custody (parents in issue)
- negligent entrustment (the person who was entrusted)
- Negligent hiring (look at employee)
Who can initially introduce evidence of ∆’s character in a criminal case?
Only the defense
- Reputation; or,
- Character
Prosecution can rebutt
In a criminal case, ∆’s character evidence can only be
The pertinent trait by what the ∆ is on trial for. If a crime of violence, then peacefulness is the pertinent trait. If a fraud case, honesty is the pertinent trait.
Reputation; or character evidence
What can π do once ∆ opens the character door in a criminal case
(3)
The prosecution can rebut with
- substantively for their truth
1. reputation; or,
2. opinion - limited purpose of impeaching witness
1. specific acts
When does character evidence not open the door to the prosecution?
When the evidence is of a trait that is not the pertinent trait of the crime charged
When may testimony in a criminal case about about the pertinent trait or character of a victim be introduced?
A defendant may offer evidence of a victim’s violent character as circumstantial evidence that the victim was the first aggressor.
-use to show they acted in self defense
If ∆ opens door about a victim in a criminal case, what can π do
(2)
the prosecution may rebut with good character of the victim (reputation or opinion)
use (reputation or opinion) evidence about bad character of the ∆
Defendant, on trial for assault and battery, offers evidence of victim’s character for violence. The prosecution may rebut with evidence of:
reputation or evidence of: π’s non violence
reputation or evidence of: ∆’s violence character
If defendant offers evidence that the victim was the initial aggressor (factual), the prosecution may
may offer evidence of the victim’s good character for peacefulness.
-can only rehabilitate victim’s character of peacefulness
What is the mimic rule?
Motive
Circumstantial evidence of other crimes, wrongs or acts is generally inadmissible, but may be offered to prove:
Intent
Absence of Mistake
Identity
Common Plan or Scheme (happens often)
(a) Knowledge
(b) Opportunity
(c) Preparation
