Evidence-Wellborn SU2006 Outline

Towers financial corporation victim character

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Unformatted text preview: harge of the thing must be incompetent (Homer Simpson in charge of nuclear power plant = ex of negligent entrustment) Competence of a person is an element D must know of person's incompetence = element. o Therefore, you can introduce evidence of the employee's incompetence (can't do this under respondeat superior) o Truck driver can introduce evidence of his driving record, previous accidents etc. (specific acts allowed und 404(b)) Example of how evidence laws can change your theory of prosecution (would bring in negligent entrustment in addition to respondeat superior so you could bring in this outside evidence) SECURITIES AND EXCHANGE COMMISSION v. TOWERS FINANCIAL CORPORATION [Victim character Evidence in Civil Trials. 404 & 405] Facts/Procedural Posture: Securities and Exchange Commission sued Brater for his alleged material false representations made in furtherance of a Ponzi scheme. Issue: Brater's proposed pretrial order listed a number of character witnesses. SEC moved to preclude the admission of character evidence in the action. Should the court allow the defendant to call character witnesses at trial in this CIVIL action? Holding: Rule 404(a)(1)...
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