Question

14. Mary is a 72-year old retired junior high school teacher. She commenced an action against Matthew, a licensed stockbroker, claiming that he had deceived her into investing her life savings by fraudulently claiming that he would greatly enrich her via a series of stock transactions. Mathew has no history of disciplinary actions or lawsuits against him with respect to stock transactions initiated by him. Mathew is generally known as an honest person by his friends, colleagues, and clients.

At trial, Mathew’s counsel attempts to introduce evidence, via the testimony of another stockbroker who works with Mathew, that Mathew “has an excellent reputation for honesty in the business community.”

If Mary’s attorney objects to the introduction of this evidence, it is most likely that

1. The objection will be overruled because character evidence is admissible in civil cases
2. The objection will be overruled because Mathew’s character is directly in issue in this case
3. The objection will be sustained because the testimony is hearsay
4. The objection will be sustained because evidence of Mathew’s character is not admissible
5. None of the above

Answer 1

At trial, Mathew’s counsel attempts to introduce evidence, via the testimony of another stockbroker who works with Mathew, that Mathew “has an excellent reputation for honesty in the business community.”

If Mary’s attorney objects to the introduction of this evidence, it is most likely that the objection will be sustained because evidence of Mathew’s character is not admissible in civil cases

The correct answer is option: The objection will be sustained because evidence of Mathew’s character is not admissible

• The character evidence is not admissible in civil cases with certain exceptions and this case does not includes that exceptions so the objection cannot be overruled on this ground
• Mathew’s character is directly in issue in this case but some time one can perform differently from his/her character therefore the objection cannot be overruled.
• The character evidence is not admissible in civil cases therefore the objection will not be sustained because the testimony is hearsay
• The objection will be sustained because evidence of Mathew’s character is not admissible in civil cases. Therefore it is most likely situation.