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Character Evidence Civil V. Criminal Outline

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This is an extract of our Character Evidence Civil V. Criminal document, which we sell as part of our Evidence Outlines collection written by the top tier of St. Thomas University College Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Evidence Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Rule

Civil
Criminal 404 CHARACTER EVIDENCE; CRIMES AND OTHER ACTS
Rule 404(a)(1) -
Evidence of a person's character or character trait is not admissible to prove that on
Character Evidence a particular occasion the person acted in accordance to that character or trait.
(Propensity)
Rule 404(a)(2) -
N/A
MERCY RULE
Exceptions for a  or a)  may offer evidence of 's pertinent trait; if admitted P may offer evidence to
Victim in a Criminal rebut same trait;
Case b) subject to rape shield statute,  may offer evidence of the victim's pertinent trait; if admitted, P may offer evidence to rebut same trait or offer evidence of 's same trait; and c) homicide case, P may offer evidence of the victim's character for peacefulness to rebut evidence that the  was the first aggressor.
Rule 404(a)(3) -
Evidence of a witness's character may be admitted under Rules 607-609.
Exceptions for a
Witness
Rule 404(b)(1) -
Evidence of a crime, wrong, or other act is not admissible to prove a person's
Crimes, Wrongs, or character in order to show that on a particular occasion the person acted in
Other Acts accordance with the character.
Rule 404(b)(2) -
This evidence may be admissible for Same + on request by a , P must provide
Crimes, Wrongs, or another purpose, such as proving reasonable notice of the general nature of
Other Acts
MOIKPPIAL.
any such evidence P intends to offer at
Exceptions trial; and do so before trial -or during trial if the court, for good cause, excuses pretrial notice.
405 METHODS OF PROVIGN CHARACTER
Rule 405(a) - by
When evidence of a person's character or character trait is admissible, it may be reputation or opinion proved by testimony about the person's reputation or in the form of an opinion. On cross of character witness, the court may allow an inquiry into relevant specific instances of conduct.
Rule 405(b) - by character trait is an essential element Same specific instances of of a charge, claim, or defense, evidence D claims entrapment conduct of the person's character may also be proved by relevant specific instance of the person's conduct. Child custody,
defamation, negligent entrustment 406
Rule 406 - Habit;
Evidence of a person's habit or organization's routine practice is admissible to show
Routine Practice that on a particular occasion that person or organization acted in accordance with the habit or routine practice.
The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness.

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