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Evidence (Judicial notice (two types (1) Commonly known facts, Facts that…

- - - - waste of time;OR
      - undue delay
      - misleading hte jury
      - confusion fo the sissues
      - the danger of unfair prejudcie;
      - needless presnetation of cumulative ecidence
  - - - Rule: character ecience is inadmissilbe to prove conduct in conformity thereiwth
        
        Exception: where hcaracter is an essential element of a OA (i.e. palintff in a defamtion case)
      - Three forms of character
        
        1) reputation (witness must establish he is aware of hte reputation of hte party in the relevant community
        
        opinion (witness must establish that he has sufficeint knowledge to form an opinion about hte particular trait
        
        specific acts (when character is an essential element of hte trait, specific instances of that person's conduct may be offered as well)
    - - d's character
        
        Rule: the prosecution may not intiially introduce evidence of D's bad character
        
        Testimony about a pertinent good-character trait: must first be reased by D
        
        What is pertinent depends on what D is on trial for - i.e., peacefulness in a crime of violence, noesty in a fraud case
        
        Once raised by D, the prosecution may rebut with reputation or opinion evience
      - Victim's pertinent trait/character
        
        Rule: D may ofer evience of a victim's violent character as cirucmstantial evidence that the vicitm was the first aggessor
        
        the prosecution may rebut with good hcaracter of hte vicitm, or bad character of the D through reputation or opinion
        
        Special rule in Homicide Cases: if D offers evidence that the vidtim was the initial aggressor, the prosecution may offer evience of hte victim's good character for peacefulness
      - Evidence used for a purpose other than to show conduct in conformity with one's charcter
        
        Cirucmstantial evidence of other crimes, wrongs, or acts may be offered to proved
        
        Motive Intent abesence of Mistake, Identity; Common schemeor plan