Evidence-Wellborn SU2006 Outline

Character of witness o evidence of the character of a

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Unformatted text preview: the alleged victim was the aggressor. Rule 412 governs the admissibility of evidence concerning the alleged victim's other sexual behavior or sexual predisposition. Character of Witness o Evidence of the character of a witness, as provided in rules 607, 608, and 609. Texas Rule 404(a) differs from Federal Rule 404(a) in two respects: 1. Evidence of good character: Civil and criminal cases o Texas Rule 404(a)(1)(B) provides that, in a civil case, a party accused of conduct "involving moral turpitude" may offer evidence of good character, and that the accusing party may offer character evidence in rebuttal. o Federal Rule provides only that an "accused" may offer evidence of good character and that the "prosecution" may rebut The exceptions in Rule 404(a)(1) and (2) employ the terms "accused" and "prosecution" and the Advisory Committee's Note indicates that these exceptions were intended to apply only in criminal cases. Nevertheless, some courts have authorized the invocation of these exceptions in civil litigation in which th...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

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