Also known as:reputations · reputed · repute · reputes · character · standing
Written by attorneys · grounded in primary & secondary sources — see below
The esteem in which a person is held by others in the community. Evidence of reputation may be introduced as proof of character when character evidence is admissible.
Sources & Authorities· 31 primary sources
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Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Burglary Dwelling Dispute
Rebecca Ross faces burglary charges after entering a structure used regularly for sleeping by tenants even though they also run a business there. Her attorney introduces evidence of her reputation in the community to show she lacks the intent required for the offense. The court admits the reputation testimony because it bears on her pertinent character trait.
Character Evidence Offer
Renee Rogers is on trial for assault. She offers testimony from coworkers about her reputation for peacefulness in the workplace. The prosecutor then seeks to rebut with contrary reputation evidence. The court permits both because the defendant opened the door under the character-evidence rules.
Ricardo Rojas intentionally destroys a sculpture belonging to a collector by melting it into raw metal. The collector sues for conversion and introduces evidence of Rojas's reputation for destructive behavior toward others' property. The court allows the reputation evidence to prove the intentional act and resulting liability.
Security Interest in Equipment
Roland Rhodes claims a security interest in movable manufacturing equipment. Riverside Healthcare challenges the classification by introducing evidence of Rhodes's reputation in the industry for mislabeling collateral. The court considers the reputation testimony when determining whether the items qualify as goods under the statute.
Pour-Over Devise Challenge
Rosalind Reed's will devises assets to a trust identified in the document. A beneficiary attacks the devise by offering evidence of the testator's reputation for careful estate planning. The court weighs the reputation evidence when deciding whether the trust terms were sufficiently set forth.
Trust Property Exchange
Rajesh Rao, as trustee, exchanges trust real estate for other assets. A beneficiary objects and introduces evidence of Rao's reputation for poor judgment in prior exchanges. The court admits the reputation testimony to evaluate whether the transaction changed the character of the trust property.
Common questions
Frequently Asked
3
How is reputation used to prove character in evidence?+
Reputation among associates or in the community concerning a person's character is admissible under Federal Rule of Evidence 803(21). When character evidence is admissible, it may be proved by testimony about the person's reputation under Rule 405(a).
Can reputation evidence support damages in tort?+
Yes. In actions for breach of promise to marry that are still recognized, recovery may include damages for loss to reputation in addition to mental anguish and injury to health.
When may specific instances be used instead of reputation?+
When a person's character or character trait is an essential element of a charge, claim, or defense, the character or trait may be proved by relevant specific instances of conduct under Federal Rule of Evidence 405(b).
304 U.S. 64, 78–80 (1938)Conflict of Laws
…locality, such as the rights and titles to real estate, and other matters immovable and intraterritorial in their nature and character. It never has been supposed by us, that the section did apply, or was intended to apply, to questions of a more general nature, not at all dependent upon local statutes or local usages of a…