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MBE Evidence II

Evidence - Relevancy

TermDefinition
Character Evidence in Criminal Cases - Character of Defendant Defendant may open the door with reputation or opinion evidence (not specific acts) of his good character to prove his innocence and the prosecution may so rebut.
Character Evidence in Criminal Cases - Character of the Victim Where evidence is a pertinent trait of character of the alleged victim is offered by the accused, the prosecution may rebut the same way
Character Evidence in Civil Cases -Defamation -Negligent Hiring -Negligent Entrustment -Child Custody
Character Approach -Criminal 1)Door open? 2)Trait? 3)Reputation/opinion -Civil 1)Character in issue? 2)Big 4? 3)R, O, SA
4 Ways to Impeach 1)Bias/prejudice 2)Prior inconsistent Statement 3)Sensory Defects 4)Character to Impeach
Bias/Prejudice (always relevant) -Bias of a witness is always considered relevant -A witness can be impeached by showing that he has a reason for lying about or misrepresenting facts, becuase he is: --Biased in favor --prejudiced against a party, or --has an interest in the outcome
Prior Inconsistent Statement Admissible substantively in 3 cases: 1)If "sworn" under FRE 801(d)(1) 2)As an admission under FRE 801(d)(2) or, 3)If a Hearsay Exception Applies
Sensory Defects Any sensory or mental defect that might affect a witness's capacity to observe, recall, or relate the events about which the witness has testified is admissible to impeach.
Prior Bad Act Impeachment -Reputation or opinion testimony about the witeness involving truthfulness -Questions regarding specific instances of conduct allowed on cross-examination
Convictions -Felony conviction -Convictions involving dishonesty or false statement
FRE 404(b): "Mimic Rule" -Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes.
Created by: Gkell001
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