Evidence-Wellborn SU2006 Outline

Subtly permits the trier of fact to reward the good

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Unformatted text preview: of FRE precludes D from calling character witnesses in a civil trial. o FRE 404(a)(1): "Evidence of a person's character or trait of his character is not admissible for the purpose of proving that he acted in conformity therewith on a particular occasion, except (1) evidence of a pertinent trait of character offered by an accused, or by prosecution to rebut the same." Words accused and prosecution, strongly suggests that the exception is meant to be limited to criminal cases o Advisory Committee: Problem with expanding the use of character evidence in civil cases is as follows: Character evidence is of slight probative value and may be very prejudicial..subtly permits the trier of fact to reward the good man and to punish the bad man because of their respective characters despite what the evidence in the case shows actually happened. Notes: Cannot use defensive use of character in civil cases, look at language of statute: "prosecution", "accused" etc. o Note, some courts h...
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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 at Austin.

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