Questions and Answers
What does character evidence refer to?
Character evidence is generally __________.
disfavored
Which of the following is not a reason character evidence is offered?
What method can be used to prove character evidence?
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Conduct in conformity is usually allowed in court for defendants.
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In self-defense cases, what can a defendant offer regarding the victim's character?
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What is the test for habit evidence?
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What does M.I.M.I.C. represent?
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Study Notes
Character Evidence
- Character evidence reflects a person's general disposition, such as being peaceful or violent.
- Typically disfavored in legal proceedings.
Reasons Character Evidence is Offered
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Conduct in Conformity:
- Applying a specific trait to various circumstances, often seen as least probative and potentially prejudicial.
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Character "in issue":
- Relevant in civil cases only, including defamation and negligent acts like hiring or custody.
- Evidence may include reputation, opinion, or specific acts.
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Impeachment:
- Focus on truthfulness as the relevant trait.
- Does not relate to substantive case facts.
Methods for Proving Character
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Reputation Evidence:
- Testimony about general community reputation related to a specific trait (exempt from hearsay).
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Opinion Evidence:
- Witness familiar with the person can express beliefs about their character traits.
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Specific Act Evidence:
- Involves specific instances of good or bad deeds; generally inadmissible for character conformity.
- Defendants cannot cite specific acts to claim they wouldn’t commit a crime.
Conduct in Conformity (Defendant's Character)
- Evidence of a defendant's conduct in conformity typically not allowed.
- Defendants may present evidence of their good character, limited to reputation and opinion.
- Plaintiffs cannot initiate character evidence but can rebut if the defense opens the door.
- During cross-examination, plaintiffs may challenge witnesses with specific acts through questions.
Conduct in Conformity (Victim's Character)
- Defendants can introduce character evidence regarding a victim if relevant, restricted to reputation or opinion.
- In self-defense cases, plaintiffs can rebut with character witnesses for the victim.
- Plaintiffs may also present evidence related to the defendant’s character for the same trait.
Habit Evidence
- Evidence of habit is acceptable to demonstrate consistent behavior on specific occasions.
- Admissibility requires specificity, focusing on particular instances (e.g., a specific stop sign).
- Keywords indicative of habit include always, invariably, instinctively, and automatically.
- Not all habitual claims will qualify; adherence to the specificity test is crucial.
M.I.M.I.C.
- M.I.M.I.C. refers to a potential framework but lacks explicit details in the provided content.
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Description
Test your knowledge of character evidence with these flashcards focusing on definitions and reasons for offering such evidence. Perfect for law students preparing for the Barbri exam, this quiz will help reinforce your understanding of crucial legal concepts.
