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Character evidence is a term used in the law of evidence in the United States to describe any testimony or document submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on the character or disposition of that person. There are three ways that such evidence might be presented in a court of law: Image File history File links Scale_of_justice. ...
The law of evidence governs the use of testimony (e. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
In law and in religion, testimony is a solemn attestation as to the truth of a matter. ...
Documentary evidence is any evidence introduced at a trial in the form of documents. ...
Physical evidence is any evidence introduced in a trial in the form of a physical object, intended to prove a fact in issue based on its demonstrable physical characteristics. ...
Digital evidence or electronic evidence is any probative information stored or transmitted in digital form that a party to a court case may use at trial. ...
Exculpatory evidence is the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt. ...
The scientific method or process is fundamental to the scientific investigation and acquisition of new knowledge based upon physical evidence. ...
Demonstrative evidence is evidence used to help the fact-finder gain context for the facts of the case. ...
Relevance, in the common law of evidence, is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not. ...
In the common law, burden of proof is the obligation to prove allegations which are presented in a legal action. ...
In law, to lay a foundation means to provide sufficient evidence of the authenticity and relevance for the admission of the testimony of a witness, documentary evidence, or other piece of evidence. ...
A subsequent remedial measure is a term used in the law of evidence (law) in the United States to describe an improvement or repair made to a structure following an injury caused by the condition of that structure. ...
Habit evidence is a term used in the law of evidence in the United States to describe any evidence submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on that persons tendancy to reflexively respond to a particular situation...
In the law of evidence, similar fact evidence (or the similar fact principle) establishes the conditions under which factual evidence of past misconduct of accused can be admitted at trial for the purpose of infering that the accused committed the misconduct at issue. ...
Authentication, in the law of evidence, is the process by which documentary evidence and other physical evidence is proven to be genuine, and not a forgery. ...
The chain of custody is a concept in jurisprudence which applies to the handling of evidence and its integrity. ...
Judicial Notice is a rule of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well known that it is cannot be refuted. ...
The best evidence rule is a rule of evidence in the United States that requires that when writings are introduced as evidence in a trial, the original writing must be produced unless the party can account satisfactorily for its absence. ...
A self authenticating document, under the law of evidence in the United States is any document that can be admitted into evidence at a trial without any proof being submitted to support the claim that the document is what it appears to be. ...
An ancient document, in the law of evidence, refers to both a means of authentication for a piece of documentary evidence, and an exception to the hearsay rule. ...
This article is about witnesses in law courts. ...
In law, competence is conerns the mental capacity of a individual to participate in legal proceedings. ...
A privilege—etymologically private law or law relating to a specific individual—is an honour, or permissive activity granted by another person or a government. ...
Direct examination (also called examination in chief) is the questioning of a witness by the party who called him or her, in a trial in a court of law. ...
In law, cross-examination is the interrogation of a witness called by ones opponent. ...
Witness impeachment, in the law of evidence, is the process of calling into question the credibility of an individual who is testifying in a trial. ...
A recorded recollection, in the law of evidence, is a an exception to the hearsay rule which allows a witness to testify to the accuracy of a recording or documentation of their own out-of-court statement based on their recollection of the circumstances under which the statement was recorded...
An expert witness is a witness, who by virtue of education, or profession, or experience, is believed to have special knowledge of his subject beyond that of the average person, sufficient that others may officially (and legally) rely upon his opinion. ...
A dead man statute is a statute designed to prevent perjury in a civil case by prohibiting a witness who is an interested party from testifying about communications or transactions with a decedent, unless there is a waiver. ...
Hearsay in its most general and oldest meaning is a term used in the law of evidence to describe an out of court statement offered to establish the facts asserted in that statement. ...
An excited utterance, in the law of evidence, is a statement made by a person in response to a shocking event. ...
A dying declaration is a term used in the law of evidence to signify that testimony that would normally be barred as hearsay may nonetheless be admitted as evidence in certain kinds of cases because it constituted the last words of a dying person. ...
A party admission, in the law of evidence, is any statement made by a declarant who is a party to a lawsuit, which is offered as evidence against that party. ...
An ancient document, in the law of evidence, refers to both a means of authentication for a piece of documentary evidence, and an exception to the hearsay rule. ...
Hearsay in its most general and oldest meaning is a term used in the law of evidence to describe an out of court statement offered to establish the facts asserted in that statement. ...
A present sense impression, in the law of evidence, is a statement made by a person that conveys their sense of the state of certain things at the time the statement was made. ...
This article is for the legal term Res Gestae. For the article on the record of the accomplishments of the first Roman emperor, Augustus, see the article for Res Gestae Divi Augusti. ...
A learned treatise, in the law of evidence, is a text that is sufficiently authoritiative in its field to be admissible as evidence in a court in support of the contentions made therein. ...
A contract is a promise or an agreement that is enforced or recognized by the law. ...
In the common law, a tort is a civil wrong, other than a breach of contract, for which the law provides a remedy. ...
Property law is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ...
In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ...
The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ...
Criminal law (also known as penal law) is the body of common law that punishes criminals for committing offences against the state. ...
Law (from the late Old English lagu of probable North Germanic origin) in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, intended to provide methods for ensuring the impartial treatment of such people, and provide...
The law of evidence governs the use of testimony (e. ...
- Testimony as to prior bad acts by the individual
- Witness's own opinion as to the character of the individual
- Testimony as to the reputation of the individual.
Civil trials
Character evidence is generally inadmissible in civil suits, because it is considered to be an unfair basis from which to attempt to prove that an individual behaved in a particular way on a particular occasion. However, there are specific instances in which this kind of evidence is admissible. In particular, when an individual claims to have good character (particularly when a witness claims to be honest or peaceful), the opposing side can rebut this claim by introducing character evidence against that individual. In the common law, civil law refers to the area of law governing relations between private individuals. ...
In law, rebuttal is a form of evidence that is presented to contradict or nullify other evidence that has been presented by an adverse party. ...
Character evidence may be admitted where the character of the party is an element of the claim—for example, in a defamation claim where party A sues party B because B said that A is dishonest. In such a claim, B can introduce evidence that A has a reputation as a dishonest person.
Criminal trials In criminal trials, the defendant may always introduce opinion evidence or reputation evidence to prove that they did not commit the crime of which they are accused. However, if a criminal defendant does introduce such evidence, the prosecution may then counter this with evidence of the defendant's bad character. The defendant cannot introduce evidence of specific good acts to show that he did not commit a bad act. Criminal law (also known as penal law) is the body of common law that punishes criminals for committing offences against the state. ...
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ...
Criminal law (also known as penal law) is the body of law that regulates governmental sanctions (such as imprisonment and/or fines) as retaliation for crimes against the social order. ...
When someone other than the defendant testifies as to the defendant's good character, the prosecution may ask if the witness was aware of specific bad acts done by the defendant. This is permissible because the question is not asked to prove the defendant's character, but simply to impeach the credibility of the witness.
Another exception arises in criminal trials where the defendant introduces evidence of the character of the victim of the crime, in order to show that the defendant acted in self defense. For example, if the defendant is on trial for battery of the victim, the defendant can introduce evidence that the victim has a reputation for violence, or that a witness has the opinion that the victim is a violent person, in order to show that the defendant actually acted in self defense. The prosecution may counter this by introducing similar evidence of the victim's peaceful nature, or by introducing similar evidence of the defendant's violent nature.
Distinguished from habit evidence Character evidence must be distinguished from habit evidence, which describes conduct that an individual engages in as a matter of course, without giving it any thought. Habit evidence is a term used in the law of evidence in the United States to describe any evidence submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on that persons tendancy to reflexively respond to a particular situation...
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