I hate character evidence. It all makes sense when I read through it, but when I read a fact pattern concerning character evidence, my brain freezes. That said, I am determined to learn this one aspect of Evidence today. I will walk in on the 26th knowing this one thing, dammit!
Character Evidence
Evidence of a person's character is inadmissible proof of the conduct of that person unless otherwise provided by law. This applies to criminal cases and civil cases only where character is directly in issue.
The Accused - "I'm a good guy!"
Only the accused can initiate character evidence through reputation or opinion testimony. The prosecution can rebut by cross-examining the witness OR by placing their own witness on the stand to testify about accused's bad reputation or to give their opinion of accused's bad character.
The Accused - "The Victim is the bad guy!"
Only the accused can initiate reputation or opinion testimony about the bad character trait of the victim. Prosecution can rebut by cross-examining the witness OR by placing theirown witness on the stand to testify about accused's bad reputation or opinion as to the SAME trait OR victim's good character.
Specific Acts of Misconduct
Generally, these prior bad acts are inadmissible unless they relate to motive, intent, mistake, identity, or common plan (MIMIC rule). Exceptions: prior sexual assaults or child molestation.
For some reason, it's difficult to get straight in my head! I think I confuse extrinsic evidence (which is not allowed) with specific acts....
But on to more exciting things. I finally finished watching the last episode of Lipstick Jungle. I gotta say, the more I watch it, the more I like it. I love the Victory Ford character's clothes! It's the first time I actually went on those "Seen On" sites to try and hunt down what she wore. In particular, I loved this cream, open necked coat she wore and this gigantic pearl drop earrings she had on. I've actually hunted down the designer and asked about buying them. Yes, I'm a little crazy. I've also been on the hunt for a comfortable (I'm allergic to wool), slouchy, mid-length neutral colored shrug/outerwear thing that's casual chic. Something that I can wrap around myself as I study, and something I can drag with me to the bar...basically, the clothing equivalent of a hug. I need a constant hug! God, at this point, who doesn't?? My gym carries this one: http://www.shopbop.com/kebun-cardigan-love-yaya/vp/v=1/845524441812421.htm?folderID=2534374302031126&fm=browse-brand-shopbysize in a cream/taupe color and I have a coupon...but it's kinda pricey for a hug.
But hey, this is LA. Even hugs come with a designer label!
hey there, i read your blog and it is great! anyway, just wanted to add that i think for rule #2, CA only allows this if the trait the defendant opens the door to is violence. good luck!
ReplyDeleteThank you for the clarification! This is exactly why I ramble on here... =) Wishing you the best of luck on the exam!
ReplyDeleteHi there,
ReplyDeleteI say get the shrug! I bought some incredibly high thread count pillowcases on sale. Plan to bring one with me to the bar exam hotel. Leaving the other one with hubby!
Best of luck, hang in there and maybe I'll see you in SD..this will be IT!!!
Hi! I also LOVE LOVE LOVE those big dangly pearls that Victory Ford wears. Do you know who makes them/where I can get a pair??
ReplyDeleteThanks!
hi, great blog! i also love those pearl earrings. betsey johnson makes similar ones, but they're not as subtle. any way you can post the designer/shop info? thanks!
ReplyDeleteHas anyone found the oversized drop pearl/pave earrings that Victory Ford wears...? I've looked everywhere too, and can't find! Desperate for them...
ReplyDeleteI really love the lipstick, when i go shopping i prefer to choose a quality lipstick that doesn´t cause any damage in my lips. I take care my lips too much, because i thik this is the sexiest part of our body. So when i feel sexy is better the man buy viagra
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