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Contributed in 2009 by Peter Tillers
Last edited in 2009 by Joel Friedman
Browse from Economics
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Evidence
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Admissibility of evidence
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Expert and scientific evidence
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Must expert evidence be generally acceptable to experts or must the trial court make an independent assessment of the validity and reliability of such evidence?
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Trial court must act as gatekeeper and make independent assessment
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The expert or scientific evidence must be shown to be reliable
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Reliability or unreliability of assorted fields and methods
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Biological & life sciences
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Neuroscience & cognitive science: Cross-reference
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Other crimes, wrongs, or acts are admissible and do not violate the prohibition against the use of character to show conduct if such acts are...United States v. Beckman, 298 F.3d 788, 793-794 (9th Cir. 2002) (upholding trial court's admission of witness's testimony about accused's prior drug runs because it provided a "coherent and comprehensible story" which was "inextricably intertwined" with the charged offenses ).
in support of
Other crimes, wrongs, or acts are admissible and do not violate the prohibition against the use of character to show conduct if such acts are admissible to show the context of an event at issue at trial or to tell the full story or an intelligible story of a series of events at issue at trial.vouch for authority for rule...
If a pattern of behavior of a natural person does not rise to the status of a habit, it may constitute a character trait and such non-habitual...Reyes v. Missouri Railroad Co., 589 F.2d 791, 794-795 (5th Cir. 1979) (holding, in an action for negligence, that plaintiff's prior convictions for public intoxication were inadmissible habit evidence under Rule 406 because they were "of insufficient regularity to rise to the level of 'habit' evidence.").
in support of
If a pattern of behavior of a natural person does not rise to the status of a habit, it may constitute a character trait and such non-habitual behavior may be barred by the prohibition against circumstantial character evidence.vouch for authority for rule...
An adoptive admission is exempt from the prohibition against hearsay evidence.
Fed. R. Evid. 801(d)(2)(B) ("a statement of which the party has manifested an adoption or belief in its truth").
in support of
An adoptive admission is exempt from the prohibition against hearsay evidence.