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What is character evidence?

Bar Exam Prep โ€บ Federal Evidence โ€บ Character Evidence โ€บ What is character evidence?

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๐Ÿ” Federal Evidence โ€ข Character Evidence EVID#066

Legal Definition

Character evidence is the use of a trait to suggest the trait makes it more likely that a party engaged in the particular conduct at issue in the case.

Plain English Explanation

Character evidence is like trying to predict someone's actions based on their past behavior or what people think of them. Let's say someone is known for always being honest. If they're accused of lying, a party may want to use character evidence to argue, "They're usually honest, so it's unlikely they lied this time." This evidence can take different forms. It could be what people generally say about them (like "everyone knows Bob as a trustworthy guy"), someone's personal opinion (like "I've always found Sam to be honest"), or specific things they've done before (like times when Bob returned lost wallets).

Character evidence is generally only admissible in civil cases where the character trait itself is in issue, however, there are circumstances where it may be applicable in criminal cases as well. It's generally pretty easy to spot character evidence โ€”ย the hard part is knowing when it is allowed and when it is not. We'll cover the various ways in their own cards.

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What is character evidence?
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