Evidence: Relevance & Character Evidence

What is the test for relevant evidence under FRE 401?

Evidence is relevant if it has any tendency to make a fact of consequence more or less probable than it would be without the evidence.

What is the general rule of admissibility for relevant and irrelevant evidence under FRE 402?

Relevant evidence is generally admissible unless excluded by the Constitution, a federal statute, or other rules; irrelevant evidence is never admissible.

Under FRE 403, when may a court exclude otherwise relevant evidence?

A court may exclude relevant evidence if its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

What is the general rule regarding the admissibility of character evidence to prove conduct in civil cases?

In civil cases, character evidence is generally inadmissible to prove that a person acted in accordance with that character or trait on a particular occasion (propensity).

In what limited circumstances is character evidence admissible in a civil case?

Character evidence is admissible in a civil case only when a person's character is an essential element of a claim or defense (e.g., defamation, negligent entrustment, child custody).

What is the "Mercy Rule" regarding character evidence in a criminal case under FRE 404(a)(2)?

The "Mercy Rule" allows a criminal defendant to introduce evidence of their own pertinent character trait to show they did not commit the crime.

What happens if a criminal defendant "opens the door" by introducing evidence of their own good character?

If a defendant introduces evidence of their own good character, the prosecution may rebut it by cross-examining the defendant's character witness or calling its own witnesses to testify to the defendant's bad character for that same trait.

When may a criminal defendant introduce evidence of an alleged victim's character trait?

A criminal defendant may introduce evidence of an alleged victim's pertinent character trait (often violence in a self-defense claim) to show the victim was the first aggressor.

If a defendant introduces evidence of the victim's bad character for a pertinent trait, what two things may the prosecution do in response?

The prosecution may offer evidence to rebut the victim's bad character (showing the victim's good character for that trait) AND may offer evidence that the defendant possesses that same bad character trait.

When character evidence is admissible to prove propensity, what are the two permitted methods of proving character on direct examination under FRE 405?

On direct examination, character may only be proved by testimony about the person's reputation or by testimony in the form of an opinion.