Evidence (bar exam) Exam Questions
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1. Offer to Pay Hospital or Medical Expenses - ANS ✓-RULE:
evidence that a party has paid or offered to pay an accident victim's
hospital or medical expenses is INADMISSIBLE to prove liability → no
need to show existence of disputed claim
-NOTE: this rule does NOT exclude other statements made in connection
with an offer to pay hospital or medical expenses
2. Character Evidence - Rule - ANS ✓character evidence refers to a
person's general propensity or disposition, e.g., honesty, fairness,
peacefulness, or violence
3. Potential Purposes for the admissibility of CHARACTER
EVIDENCE: - ANS ✓1) person's character is an ESSENTIAL ELEMENT
IN THE CASE (very rare)
2) character evidence to prove CONDUCT IN CONFORMITY WITH
CHARACTER at the time of the litigated event, a/k/a character as
circumstantial evidence of conduct on a particular occasion
3) witness's bad character for truthfulness to IMPEACH CREDIBILITY
4. Evidence of Defendant's Character (Criminal Cases) - ANS ✓-
RULE: evidence of the defendant's character to prove conduct on a
particular occasion is INADMISSIBLE DURING THE PROSECUTION'S
CASE-IN-CHIEF
Evidence (bar exam)
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-HOWEVER, defendant, during the defense, may introduce evidence of a
relevant character trait (by reputation or opinion testimony of a character
witness) to prove conduct, which OPENS THE DOOR TO REBUTTAL by the
prosecution
-NOTE: evidence that the defendant is law-abiding is permissible
5. The PROPER FORM for character evidence through a character
witness to prove propensity: - ANS ✓1) reputation evidence
AND/OR
2) opinion evidence
6. Prosecution's Rebuttal (character evidence in Criminal Cases) -
ANS ✓RULE → IF defendant has "opened the door" by calling
character witnesses, the prosecution may rebut:
1) by cross-examining defendant's character witnesses for the limited
purpose of impeaching that character witness' knowledge about the
defendant; AND/OR
2) by calling its own reputation or opinion witnesses to contradict
defendant's witnesses
7. Victim's Character - Self-Defense Case - ANS ✓-RULE: criminal
defendant may introduce evidence of victim's violent character to
prove victim's conduct in conformity, i.e., as circumstantial evidence
that the VICTIM was the FIRST AGGRESSOR
-Proper Method: character witness may testify to victim's reputation for
violence and may give opinion
8. Victim's Character - Self-Defense Case - Prosecution's Rebuttal -
ANS ✓evidence of victim's good character for peacefulness (with
reputation or opinion); in addition, prosecution may prove
DEFENDANT'S CHARACTER FOR VIOLENCE
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9. Victim's Character - Self-Defense Case - Homicide - ANS ✓if
defendant offers evidence of any kind that victim was the first
aggressor, prosecution may introduce evidence of victim's good
character for peacefulness
10. Victim's Character - Self-Defense Case - Separate Rule of
Relevance - ANS ✓if the defendant, at the time of the alleged self-
defense, was aware of the victim's violent reputation or prior specific
acts of violence, such awareness MAY BE PROVEN to show the
DEFENDANT'S STATE OF MIND (FEAR), to help prove that he acted
reasonably in responding as he did to the victim's aggression
11. Victim's Character - Sexual Misconduct Case - ANS ✓Rape
Shield Law: in both criminal and civil cases, where defendant is
alleged to have engaged in sexual misconduct, the following evidence
about the victim is ordinarily INADMISSIBLE:
1) opinion or reputation evidence about the victim's sexual propensity, OR
2) evidence of specific sexual behavior of the victim
12. Victim's Character - Sexual Misconduct Case - EXCEPTIONS
- ANS ✓1) specific sexual behavior of the victim to prove that
SOMEONE OTHER THAN THE DEFENDANT WAS THE SOURCE of
semen or injury to the victim;
2) victim's sexual activity with the defendant IF the defense of consent is
asserted; OR
3) where exclusion would violate defendant's right of due process
(Example: love triangle defense)
13. Character Evidence - Civil Cases - ANS ✓-Character evidence
generally INADMISSIBLE to prove CONDUCT IN CONFORMITY
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-NOTE: defendant can't open door to character evidence
14. 3 situations in which Evidence of person's character is
ADMISSIBLE in civil action - b/c such character is an ESSENTIAL
ELEMENT OF A CLAIM OR DEFENSE (provable by reputation,
opinion, and specific acts) - ANS ✓1) a tort action alleging
negligent hiring or entrustment
2) defamation
3) child custody dispute
15. Defendant's other crimes for non-character purposes - ANS
✓-RULE: other crimes or specific bad acts of defendant are NOT
admissible during the prosecution's case-in-chief if the only purpose
is to suggest that b/c of defendant's bad character he is more likely to
have committed the crime currently charged
-BUT, defendant's bad acts or other crimes MAY be admissible to show:
something specific about defendant's state of mind or defendant's identity
as the perpetrator of the charged crime (something apart and separate
from mere propensity to commit the crime)
16. The 5 most common non-character purposes (MIMIC): -
ANS ✓1) Motive
2) Intent
3) the absence of Mistake or accident
4) Identity
5) Common scheme or plan (modus operandi)
-NOTE: if a MIMIC category is satisfied, the prosecution may use other-
crimes evidence as part of its case-in-chief → MIMIC evidence is NOT
dependent on defendant's introduction of favorable character evidence
-NOTE: MIMIC evidence MUST show something SPECIFIC
Evidence (bar exam)
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