Also known as: existimationis · existimationem · reputation · fama
Written by attorneys · grounded in primary & secondary sources — see below
A Roman-law concept of civil reputation and standing belonging to a citizen of unimpeached dignity or character. It constitutes the highest social and legal esteem a Roman citizen could hold and serves as the foundation for admitting reputation evidence about a person's character or credibility.
Emily Ellis faces trial for fraud. The defense calls a longtime neighbor who testifies that Emily enjoys an excellent existimatio in the community for honesty. On cross-examination the prosecutor inquires whether the neighbor knows Emily once failed to report income on a tax return five years earlier.
Ethan Evans sues his former fiancée for breach of promise to marry after she ended the engagement. He offers testimony from mutual friends that the broken engagement damaged his existimatio among their social circle, causing him mental anguish and loss of standing in the community.
Select any source to read its text and confirm it supports the definition.
Edith Eberhardt testifies for the prosecution in a theft case. The defense calls a coworker who states that Edith has a poor existimatio for truthfulness among colleagues at their firm. The prosecution then offers its own witness to support Edith's reputation for honesty.
Emanuel Escobar claims heirship to an estate. He introduces testimony from relatives that community reputation concerning his birth and ancestry supports his existimatio as a legitimate descendant within the family.
Empire Logistics sues a neighboring landowner over a disputed boundary. It offers testimony that the local community's long-standing existimatio regarding the fence line and historical usage supports its claim to the disputed strip.
Eugene Ellsworth is accused of assault. The defense calls a business associate who testifies that Eugene maintains a strong existimatio for peacefulness among their professional peers.
Existimatio was the Roman citizen's protected civil standing based on unimpeached character. Modern evidence rules treat reputation as a method of proving character or credibility under Rules 405, 608, and 803(21).
Supporting sources
Rule 405(a) permits inquiry into relevant specific instances of conduct during cross-examination of a character witness who has testified to reputation or opinion.
Rule 608(a) bars evidence supporting a witness's truthful character until the witness's character for truthfulness has first been attacked.
Reputation among family by blood, adoption, or marriage or among associates or in the community concerning personal or family history facts is admissible as an exception to the hearsay rule.
Yes. The reputation must have arisen in the community before the controversy and must concern boundaries, land customs, or important historical events.
The rule admits reputation among associates or in the community concerning a person's character but only when offered under an applicable hearsay exception or for a non-hearsay purpose.
…believe that anything in it was false, and because it bore the endorsement of "a number of people who are well known and whose reputation" he "had no reason to question." Neither he nor anyone else at the Times made an effort to confirm the accuracy of the advertisement, either by checking it against recent Times news stories…