New York Law (NYLE) Practice Exam

Can Joan submit character evidence in her defense during the civil battery trial?

1. No, because Joan may only submit evidence by means of specific acts.

2. No, because Kate has not submitted evidence directly calling into question Joan's character.

3. Yes, because Joan may submit reputation evidence.

4. Yes, because Kate submitted a video footage that showed Jane kick Kate.

The correct answer is: No, because Kate has not submitted evidence directly calling into question Joan's character.

In a civil battery trial, the use of character evidence is limited primarily to situations where a party’s character has been explicitly attacked or put into question. Since the scenario indicates that Kate has not submitted any evidence that directly challenges Joan's character, Joan is not permitted to introduce character evidence for her defense. The rationale behind this rule is to maintain the focused nature of the trial on the specific facts surrounding the incident rather than allowing the proceedings to be swayed by general character assessments. In this context, the absence of an attack on Joan's character by Kate means that Joan's character evidence would not be relevant or admissible. The other options reflect misunderstandings of the rules surrounding the introduction of character evidence. Specific acts are not the only way to submit evidence; however, that route is not applicable here because no attack on character has been made. Reputation evidence is also not applicable if there’s no initial challenge, nor is there a need for Joan to defend against an accusation when the opposing party hasn't brought forward evidence that places her character into question. The assertion about the video footage similarly does not align with the principles governing character evidence, as it relates directly to the act of battery, rather than character.