Question

A plaintiff sued a defendant for defamation, asserting in her complaint that the defendant had called the plaintiff a thief in front of a number of business associates. The plaintiff calls two witnesses to the stand, both of whom testify that they heard the defendant refer to the plaintiff as a thief in front of the business associates. The plaintiff does not take the stand herself. The defendant pleads truth of the statement as an affirmative defense and calls a witness to the stand. The defense witness is prepared to testify that he was a co-worker of the plaintiff when the plaintiff supplemented her income by tending bar three nights a week. The witness will testify that he saw the plaintiff take a $20 bill from the tavern's cash register and secrete the money in her pocket. The plaintiff's attorney objects.May the defense witness's testimony be allowed?A Yes, as substantive evidence that the plaintiff is, in fact, a thief.B Yes, because theft is a crime indicating dishonesty.C No, because specific bad acts may not be used to show bad character.D No, because the plaintiff never took the stand.

Answer 1

Answer:

The answer is A: "Yes, as substantive evidence that the plaintiff is, in fact, a thief"