Relevancy, Rule 403, and Character Evidence Flashcards
Discover the limits of what can be used as evidence. Learn when character evidence can be introduced and what types of character evidence can be introduced.
Occurs when one item’s relevance is conditioned on the relevance of another piece of evidence
Is irrelevant evidence ever admissible?
What is the Rule 403 balancing test?
Relevant evidence may nonetheless be excluded if the probative value is substantially outweighed by a danger of one or more of the following:
- Confusing the issues;
- Misleading the jury;
- Needlessly presenting cumulative evidence
- Unfair prejudice;
- Undue delay; or
- Wasting time
What is the only type of evidence that is an exception to the 403 balancing test? (i.e. will be admitted without 403 balancing test)
Evidence of a conviction of a felony or misdemeanor involving dishonesty that less than 10 years old.
Evidence prepared in anticipation of trial, such as a poster, photograph, or diagram, to assist the jury or fact finder
What is the general rule regarding the admissibility of character evidence in civil cases?
Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait. However, evidence may be admitted if the person’s character is in issue (e.g. defamation case).
When admissible, what are the three ways character evidence can be introduced?
Who can offer testimony as to a witness’s reputation?
Who can offer opinion testimony on a witness’s character?
Can character evidence be used to establish an essential element of the claim?
List examples of proceedings where character is an essential element of the claim