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Old 07-30-2008, 12:17 PM
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Default Character Assassination limitations

Hello everyone,

This is my first post so I hope I have the right area. Couldn't find a category that seemed to truly fit my question but hopefully here is ok. Here is my predicament.

I am looking for a case in the civil court where it was ruled that evidence concerning a marital affair of the plaintiff is not admissable due to relevance. Preferrably in a lawsuit. I have looked through Westlaw for a while now and can't seem to find any besides Divorce cases and the such. If anyone can help me with this I would appreciate very much.


Thanks,
Jared
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Old 07-30-2008, 12:45 PM
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Default

Quote:
Originally Posted by lawdogAU View Post
Hello everyone,

This is my first post so I hope I have the right area. Couldn't find a category that seemed to truly fit my question but hopefully here is ok. Here is my predicament.

I am looking for a case in the civil court where it was ruled that evidence concerning a marital affair of the plaintiff is not admissable due to relevance. Preferrably in a lawsuit. I have looked through Westlaw for a while now and can't seem to find any besides Divorce cases and the such. If anyone can help me with this I would appreciate very much.


Thanks,
Jared
The relevance of an issue is determined by the purpose of the lawsuit. I sued a former tenant for nonpayment of rent. His marital status/fidelity would not have been relevant to the issue at hand. So, obviously, if I mentioned it, the judge would have informed me it was irrelevant.

From what kind of case are you trying to distance marital fidelity? IS it relevant?
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Old 07-30-2008, 01:22 PM
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Default

let's say it's a case where the plaintiff was supposed to have been rewarded a large amount of money and the defendants do not want that to happen. So in case they wanted to try to say the plaintiff was a bad person to begin with, I have been told that there is at least one out there that has stated that it was irrelevant.
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Old 07-30-2008, 02:09 PM
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Quote:
Originally Posted by lawdogAU View Post
let's say it's a case where the plaintiff was supposed to have been rewarded a large amount of money and the defendants do not want that to happen. So in case they wanted to try to say the plaintiff was a bad person to begin with, I have been told that there is at least one out there that has stated that it was irrelevant.
Is the award of money related to the defendant in any way? The Plaintiff is supposed to receive money FROM the defendant and the defendant wants to attack the character of the person bringing the suit as a defense? Is the request for money/award related to marital unfaithfulness?

Unless marital fidelity is related to the credibility of either party as it pertains to this particular lawsuit, why would it be admitted? Is there a reason you cannot provide more specific details about this without using names, places, etc.? It is hard to be accurate with so little information.
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