Character Evidence in Civil Cases

This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.

Writing Template

Issue

I: The issue is whether the character evidence is admissible in the present civil case.

Analysis

R: Under FRE 404(a), evidence of (1) a person’s character or trait or (2) any other crime, wrong, or act (i.e., specific act) offered to prove a person’s character is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.

A: Here, [apply rule to facts].

Exceptions

Specific Acts: Non-Character Purpose

R: FRE 404(b) permits the introduction of evidence of other crimes, wrongs, or acts (i.e., specific acts) for non-character purposes, such as establishing motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.

A: Here, [apply rule to facts].

Specific Acts: Essential Element

R: When a person’s character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific acts of the person’s conduct (FRE 405(b)). This scenario is uncommon in civil cases but may arise in claims like defamation or negligent entrustment, where the character trait is directly at issue.

A: Here, [apply rule to facts].

Defendant’s Prior Sexual Behavior

R: Under FRE 415, in civil cases involving allegations of sexual assault or child molestation, evidence of the defendant’s prior commission of such offenses is admissible. The party intending to offer this evidence must disclose it to the opposing party, including witnesses’ statements or a summary of the expected testimony, at least 15 days before trial or at a later time that the court allows for good cause.

A: Here, [apply rule to facts].

Victim's Prior Sexual Behavior

R: Under 412(a), known as the “Rape Shield Law,” evidence of an alleged victim’s prior sexual behavior or predisposition involving sexual misconduct is generally prohibited. However, under 412(b)(2), in civil cases the court may admit such evidence if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party. Additionally, evidence of a victim’s reputation is admissible only if the victim has placed it in controversy.

A: Here, [apply rule to facts].

Conclusion

C: Therefore, the character evidence is [admissible/inadmissible] in the present civil case.

Usage Notes

JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.

The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.

The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.

The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.

Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.

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