This is still the best explanation of 404 and 405 for acquiring a more advanced macro-level overview of how the rules are structured and work together. I have a comprehensive understanding of these rules, but I was confused at how 404(a) and (b) really differ. This video helps tremendously. Thank you.
If you have a negligent entrustment civil case where the owner of a car gave the keys to a friend knowing that their friend was drunk and had prior DUIs and the plaintiff then sues both the driver and the owner of the car, can the prior DUIs of the driver-defendant come in both to show the owner knew the driver was drunk AND to show that on the night of the car accident the friend-driver was drunk OR just to prove the owner had knowledge of his friend-driver being under the influence? (Referring to 405(b) - specific instances of conduct in civil case where defendant's character is the essential element of a charge, claim, or defense)
Yes. However, if used to impeach, and the DUI is a conviction, you'd have to go through 609(b). Because DUIs are not crimen falsis, whether the DUI is a felony punishable by 1 or more years in the jurisdiction the charge came about or just a misdemeanor is the first question to ask.
