Bar Prep Evidence

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When a defendant introduces evidence of her good character trait

Prosecution may rebut by presenting evidence of the defendant's bad character
Character evidence is admissible in civil cases where

character is directly in issue (rule does not apply to criminal)
Independently relevant uncharged misconduct by defendant will be admissible in civil and criminal cases without a preliminary ruling as long as
- evidence sufficient to support jury finding defendant committed prior act and
- its probative value is not substantially outweighed by danger of unfair prejudice
Evidence of a defendants prior acts of sexual assault or child molestation is admissible in

civil or criminal cases where defendant is accused of comitting an act of sexual assault or child molestation
evidence of secual behavior of victim ok if

offered to prove that a person other than the accused was source of semen, injury, or other physical evidence
specific instinces of sexual behavior between victim and accused admissible

to prove consent
Habit

regular response to a specific set of circumstances
character evidence

ones disposition with respect to general traits

Author

159910

Card Set

Bar Prep Evidence

Description

Evidence

Updated

2012-06-24T21:05:34Z

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