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Evidence Acronyms

Terms in this set (70)

3 METHODS OF PROVING CHARACTER
[CHARACTER R.O.C.s]
Reputation

Opinion

specific instance of Conduct
CATEGORIES OF CHARACTER EVIDENCE USED TO DETERMINE WHICH RULES APPLY AND WHETHER THE EVIDENCE WILL BE ADMITTED

[he has I.C.E. in his veins]
Impeachment

Conformity (Propensity)

Element (Character At Issue)
WHEN IS ELEMENT CHARACTER EVIDENCE ADMISSIBLE?
[Darn N.I.C.E.]
Defamation

Negligent hiring/supervision or entrustment

Immigration

Child custody

Entrapment defense
CRIMINAL Δ EXCEPTIONS TO THE INADMISSIBILITY OF CONFORMITY CHARACTER EVIDENCE
Criminal D's Good Character - [Good Criminals Go First]

Criminal V's Character - [Criminals Attack Victims]
MARYLAND RULE FOR OFFERING A Δ'S SEXUAL PREDATORY CHARACTER
Specific instances of Δ's prior sexual predatory conduct are admissible ONLY IF same victim and Δ are involved in the current case and the prior incident
SEX CASE EXCEPTIONS TO THE INADMISSIBILITY OF CONFORMITY CHARACTER EVIDENCE
V's Sexual Character (Rape Shield Laws)

D's Sexual Predatory Character
OTHER CRIMES CHARACTER EVIDENCE ADMISSIBLE IF:
Offered for non-conformity purpose

Clear & convincing evidence of the wrongful behavior (MD Rule)

Balance Prejudice v. Probative Value
OTHER CRIMES CHARACTER EVIDENCE CAN BE USED TO SHOW [M.I.M.I.C. Plus]
Motive

Intent

Mistake or accident the absence thereof

Identity

Common scheme or plan

Plus: Opportunity, Preparation, Knowledge, etc
PUBLIC POLICY EXCLUSIONS
[the public policy P.R.I.S.M.]
Pleas and connected statements

subsequent Remedial measures

Insurance coverage

Settlement offers and connected statements

Medical expense offers
SUBSEQUENT REMEDIAL MEASURES CAN BE USED TO SHOW:
Ownership

Control

Feasibility of Precautionary Measures
EVERY PERSON PRESUMED COMPETENT EXCEPT:
Persons not understanding the oath

Convicted perjurer (MD Rule)
WHAT IS INTRINSIC EVIDENCE?
Witness' own answers on stand
WHAT IS EXTRINSIC EVIDENCE?
Evidence outside of witness' own testimony
SIX WAYS TO IMPEACH A WITNESS
[2 EYES (I) 4 CEE-ING (C)]
Interest and bias

Inconsistent statements or conduct

Contradiction

Conviction of crime

Character for truthfulness

Capacity to observe, recall, or relate information
IMPEACHMENT BY INTEREST OR BIAS
Witness has a relationship with π that gives the witness a reason to lie & therefore is less believable
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