Relevancy and Excluding Relevant Evidence

Question 1

Relevant

Answer 1

Somethings is relevant if it has a tendency to make something more probable - generally admissible.

Question 2

Evidence that is generally inadmissible?

Answer 2

-Unfair prejudice - such as a lie detector test
-Causes delay
-Misleads or confuses the jury

Question 3

Authentication

Answer 3

Writing, pictures, charts, objects and voice recording.

This will admissible evidence to support that “the evidence is what it purports to be”

Question 4

How to authenticate evidence?

Answer 4

1. Direct testimony
2. Special markings
3. Testimony with personal knowledge

look out for authentication that is notarized, official and does not require additional testimony.

Question 5

Character Evidence

Answer 5

• Character evidence triggers the defendant
  -Character evidence is not admissible because its too prejudicial

This is basically about bad things the defendant did in his past. The defendant is sitting in his table and not as a witness.

Question 6

Character Evidence in a Civil Case

Answer 6

Character evidence will be admissible when its at issue in the following cases:

1. Defamation
2. Child Custody
3. Negligent Entrustment
4. Misrepresentation/Fraud

If it comes in then it can be proven through reputation, opinion, or specific acts.

Question 7

Character Evidence in a Criminal Case

Answer 7

Generally, not admissible unless the following exception applies:

1. When D opens the door with evidence of good character for peacefulness or honest person (remember this is about a trait of the crime he is on trial for)
   - Prosecution can rebut
2. MIMIC - motive, intent, mistake, ID, common plan or scheme.

Question 8

If the defendant is claiming self-defense, can they show that the defendant was the aggressor?

Answer 8

YES

Question 9

Defendant and Child Victim

Answer 9

Admissible

Question 10

Habit or Routine Practice

Answer 10

Will be admissible against somebody if they can show that its done all the time.