Evidence - MK Char

Vocabulary flashcards covering character evidence rules, methods of proof, criminal and civil exceptions, and federal versus Mississippi distinctions based on the provided lecture notes.

Character Evidence

A person’s general propensity or disposition, such as honesty, fairness, peacefulness, or violence.

Character Directly At Issue

Character offered because it is an ultimate issue or an essential element of a claim or defense.

Conduct In Conformity/Propensity

Character offered to show a person probably acted in accordance with that trait during the incident.

Impeachment

Character evidence offered specifically to attack or support a witness’s credibility.

Reputation Testimony

A method of proof where a witness testifies to a person’s general reputation in the community.

Opinion Testimony

A method of proof where a witness who knows a person gives an opinion about that person’s character.

Specific Acts

A method of proof allowed only in limited circumstances, most importantly when character is an essential element of a charge, claim, or defense.

General Character-Propensity Ban

The general rule that character evidence is inadmissible to prove a person acted in accordance with that character trait during the incident in question.

Negligent Hiring/Entrustment

A rare example in civil cases where character is considered an essential element of a claim and is therefore directly at issue.

Self Defense (Civil Case Rule)

In civil assault or battery cases, this defense does not put either party's character for violence or peacefulness directly at issue.

D May Open Door

In criminal cases, the Defendant may initiate evidence of their own good character for a pertinent trait to show innocence using reputation or opinion testimony.

Reputation Witness Cross-Examination

The prosecution may ask this type of witness "Have you heard?" regarding relevant specific instances of the Defendant's misconduct.

Opinion Witness Cross-Examination

The prosecution may ask this type of witness "Did you know?" regarding relevant specific instances of the Defendant's misconduct.

Extrinsic Evidence (EE) Limit

If a character witness denies knowledge of a specific act on cross-examination, the prosecutor may not prove the act with extrinsic evidence and is stuck with the answer.

Victim's Character (Defendant Initiated)

A criminal Defendant may introduce reputation or opinion evidence of a victim's pertinent bad character trait when relevant to show innocence, such as claiming the victim was the first aggressor.

Homicide Cases (Federal Rule)

In federal homicide cases where the Defendant claims self-defense, any evidence that the victim was the first aggressor opens the door for the prosecution to show the victim's peacefulness.

Mississippi Distinction (Victim's Character Rebuttal)

In MS, if the Defendant introduces evidence of a victim’s bad character, the prosecution may rebut only with evidence of the victim’s good character, not the Defendant's bad character.

Mississippi Distinction (1st Aggressor Rebuttal)

MS is not limited to homicide cases; in any criminal case, the prosecution may introduce evidence of a victim's peacefulness to rebut evidence that the victim was the first aggressor.

FRE 412 (General Rule)

In any civil or criminal proceeding involving alleged sexual misconduct, evidence offered to prove a victim’s sexual behavior or disposition is generally inadmissible.

Rape Shield Exception (Semen/Injury)

Specific instances of a victim's sexual behavior are admissible in criminal cases to prove someone other than the Defendant was the source of physical evidence.

Rape Shield Exception (Consent)

Specific instances of sexual behavior between the victim and the Defendant are admissible in criminal cases to prove consent.

Civil Rape Shield Balancing Test

Evidence is admissible only if its probative value substantially outweighs the danger of harm to the victim and unfair prejudice to any party.

Rape Shield Procedure

A party must file a motion 14 days before trial, notify the victim, and the court must conduct an in-camera hearing before admitting the evidence.

FRE 404(b) General Rule

Evidence of a person’s other crimes, wrongs, or acts is inadmissible if offered solely to prove bad character or propensity.

MIMIC + 3

A mnemonic for 8 non-propensity purposes for specific acts: Motive, Intent, Mistake (Absence of), Identity, Common Plan, Preparation, Opportunity, and Knowledge.

Motive (Rule 404(b))

A non-propensity purpose for specific acts, such as burning a building to hide embezzlement.

Identity (Rule 404(b))

A non-propensity purpose for specific acts which includes signature crimes or modus operandi.

Common Plan / Scheme

A non-propensity purpose usually involving the commission of one crime to prepare for another.

Huddleston Test

The requirement that there is sufficient evidence for a reasonable jury to find the Defendant committed a prior act before it is admitted for non-propensity purposes.

Sufficient Evidence

In the context of the Huddleston Test, this means a reasonable jury could find the Defendant committed the other act.

Rule 404(b) Notice Requirement

In criminal cases, the prosecutor must identify the non-propensity purpose and provide written notice sufficiently before trial.

Mississippi Distinction (Rule 404(b) Notice)

Mississippi’s version of Rule 404(b) does not impose a notice requirement on the prosecutor.

FRE 413-15

Federal rules stating evidence of prior acts of sexual assault or child molestation is admissible in cases where the Defendant is accused of those same acts.

Sexual Assault Evidence Disclosure

Under FRE 413-15, the party intending to offer the evidence must disclose it to the Defendant 15 days before trial.

Habit

A routine, repeated response to a specific situation, characterized by being automatic and without fail.

Habit Trigger Words

Terms such as "always," "routinely," "regularly," "automatically," and "without fail" indicate habit evidence.

Basic Relevance

Evidence that is "More or Less" Probable and "Of Consequence" to a material fact.

FRE 403

The "Seesaw" rule where a judge can exclude relevant evidence if its prejudicial value substantially outweighs its probative value.

SAPPI Rules

Five specialized rules where evidence has such high prejudicial value that the judge does not have discretion to exclude them for certain purposes.

Plea Bargains

One of the broad exclusions under specialized rules that contains two specific exceptions.