Term
When is Character an Issue? |
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Definition
- Essental element of charge, claim or defence (civil/criminal).
- Defamation
- Negligent entrustment
- Child custody
- Insanity defense
- Entrapment (that D was predesposed to commit)
- Wrongful death (character of decedend)
- Selfdefense (if told M had violent tempter-reason to react in the way you did)
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Term
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Definition
1. Bais or Conficting interest (Barry Bonds)
2. Prior inconsistent statements
3. Bad Character, especially for dishonesty
a. Prior Convictions
b. Bad acts not amounting to a conviction
c. Bad Reputation
4. Sensory Defenciencies (eyesight, memory, mental)
5. Contradiction
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Term
608 What do you need to lay Reputation Foundation? |
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Definition
1. Acquaintance with
A. Witness
B. Community of witness
C. Social Circles in which has moved
2. Not be too removed (time) |
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Term
608 What are the 2 things you need for Opinion Foundation? |
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Definition
1. Sufficient factual basis for opinion (i.e. contact)
2. More that "conclusory" |
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Term
What are the 5 limitations on 608b? |
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Definition
1. Only about truthfulness.
2. No extrinsic evidence to show witnesses lying.
3. Court's discretion 403
4. Good Faith basis for question
5. Judge can protect witness from harassment |
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Term
What are the 5 (609) factors if accused is witness? |
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Definition
1. Impeachment value (not allow violent)
2. Time of Conviction/Sub History (reformed/Rehabilitated)
3. Similarity in crimes
4. Importance of Def. Testimony (defense)
5. Centrality of credibility (prosecution) |
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