Add trait in the Litigation Agreement

Aug 6th, 2022
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How to add trait in the Litigation Agreement

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CHARLES FRIED: Let me give you the first example, the invitation to dinner. Im a professor as you know, and Portia is this very nice person who is my student. She just graduated last year and shes got a job in a big fancy law firm. It turns out that Vincent, the managing partner in the law firm, the person on whom her career depends, has been my student too many years ago. In casual conversation, Vincent mentioned to Portia that he would like very much to be back in touch with me. So Portia thinks, wouldnt it be nice-- shes a very good cook-- if she and her husband invited Vincent and me to dinner. She would cook a wonderful dinner and I would have a wonderful dinner to eat. And a good time would be had by all and this would have a very good effect on her career and her standing in the firm. All of us are very busy, but we end up finding an evening that works for Vincent, for Portia, and her husband, and for me. So there we go. She spends a lot of time, spends a lot of money buying

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Character is a persons general disposition, particularly when a trait is relevant to the issues in the case. For example, if the defendant is claiming self defense in an assault case against him, the victims propensity towards violent behavior would be relevant character evidence.
Character evidence is evidence on an individuals personality traits, propensities, or moral standing. Generally, under the common law character evidence is inadmissible in criminal cases unless the defendant raises the issue first. The U.S. Supreme Court in Michelson v.
Character evidence under rule 404 is evidence of a general tendency to behave in certain ways, which is not usually admissible. d) The definition includes both the aggregate of a persons qualities (a good person) and individual traits such as recklessness or violence.
A pertinent trait is a characteristic that relates to either the crime or a defense to the crime. For example, in a fraud case, the criminal defendant is may call witnesses to testify that hes an honest person.
When evidence of a persons character or character trait is admissible, it may be proved by testimony about the persons reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the persons conduct.
(4) INSTRUCTIONS: The character traits of peacefulness, honesty, law- abidingness, etc., are substantive evidence of a defendants guilt or innocence so Defendant is entitled to an instruction on this issue if he asks.
Testimony about the persons reputation (e.g., co-workers) Testimony in the form of an opinion (e.g., neighbors) Evidence of specific acts on cross-examination of a character witness. Specific instances of conduct (where it is an essential element of a charge, claim, or defense)

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