New York Law (NYLE) Practice Exam 2025 - Free NYLE Practice Questions and Study Guide

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Question: 1 / 400

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

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

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

In assessing whether Joan can submit character evidence in her defense during the civil battery trial, it's important to consider the rules governing the admissibility of such evidence in civil cases. The rationale for the correct answer lies in the concept of relevance and the necessity for evidence that directly challenges a party's claims.

When character evidence is introduced, it typically serves to establish or refute credibility in addressing claims or defenses. In this situation, if Kate has not presented any evidence that directly questions Joan's character (e.g., calling her character into controversy through accusations or other evidence), then Joan's character evidence would not be necessary or permissible. The Civil Procedure in New York emphasizes that character evidence is most often permitted when the opposing party's claims have already raised issues about a party's character, thereby allowing for rebuttal.

While other forms of evidence may indeed be pertinent to the case, including specific acts or incidents, the absence of an initial challenge to Joan's character means there's no foundation upon which her character evidence can be built. Thus, the reasoning underscores the idea that character evidence is strategically employed in response to direct accusations or claims, and since no such challenge has been made against Joan's character, her submission of character evidence in this instance is unwarranted.

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Yes, because Joan may submit reputation evidence.

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

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