Johnny Depp has brought a defamation case against his ex-wife, Amber Heard. The couple split in 2016, but have continued to battle in court over an op-ed Heard wrote for The Washington Post in 2018, in which she described surviving domestic violence - without mentioning Depp by name. Despite this, Depp alleges that he has been labeled a "wife-beater" since the op-ed and that his career has suffered significant financial setbacks. Depp is suing for $50 million in damages and denies ever being physically violent with Heard. Heard has filed a counterclaim for $100 million and claims she was only ever violent with Depp in self-defense or defense of her sister. A word about defamation cases: Truth is an absolute defense. It does not matter that the defendant made a statement out of malice or out of bad faith, so long as the statement is true. Thus, to prevail against Depp, Heard may prove that he did, in fact, abuse her. And to prevail in the countersuit Heard filed against him, Depp may prove that, instead, Heard was the abuser. In his case in chief, Depp first called his sister and manager, Christi Dembrowski. Among other things, Dembrowski testified that Heard was derisive of Depp and, when asked to give an example of this behavior. over defense counsel's objection. Dembrowski recounted a conversation where Heard questioned French fashion house Dior's interest in a campaign with Depp: Dembrowski: Kate. Kate James - Ms. Heard's personal assistant - and I were on the phone speaking on another matter when Amber - Ms. Heard - came into the room where Kate was. I couldn't hear what Ms. Heard was saying. Her screaming was so shrill I couldn't understand. but I remained on the line. As soon as the screaming stopped - seriously about five minutes later. five minutes of constant screaming - Kate told me, "Oh my God! Oh my God. Oh my God. Oh mv God. That woman is terrifying! She's raving about Dior wanting to do a campaign with Johnny. She says it's disgusting. 'Dior!' she said. 'Dior would never want to do business with Johnny. Thev're about class and style, and he doesn't have any style. He's iust an old fat man Later Depp himself took the stand. He testified to details of his yearlong marriage to Heard and, again over defense counsel's objection, offered his opinion that Heard was abusive: Depp: She was an abuser - that is to say, she was clinically abusive. It could begin with a slap, it could begin with a shove, it could begin with throwing a TV remote at my head, throwing a glass of wine in my face. She did all of those things. On more than one occasion she used me as a punching bag, striking me with roundhouse punches and kicks. She screamed at me, called me names. And once she threw a vodka bottle right at me and it shattered my middle finger. Cut the tip right off. That's abusive. That's what that is. It's abusive. She's abusive. Depp also called his and Heard's former marriage counselor, Laurel Anderson, a licensed professional counselor whom the court certified as an expert witness. Defense counsel did not object to Anderson's certification as an expert witness. Anderson met with Depp and Heard jointly and separately and kept notes about their sessions. Defense counsel objected to the admission of Anderson's testimony along with the clinical notes that supported her testimony, but the court overruled these objections and allowed Anderson to testify: Anderson: Amber told me that sometimes she started fights and physically attacked Johnny because she feared Johnny would leave her. Because abandonment was her worst nightmare, if he was going to leave a room to de-escalate from the fight, she would strike him to keep him there. She would rather be in a fight than have him leave. She said she was unsure what to do about their deteriorating marriage and asked me if she would have an advantage if she left him and filed with the police for abuse first. I don't think she was a victim of abuse. Amber gave as good as she got.

Were the following decisions by the trial court proper? 1.Admitting Dembrowski's testimony about Heard's character, including her testimony about a specific instance of conduct described through James's description of a conversation James had with Heard. Explain.

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Whether the trial courts decision to admit Dembrowskis testimony about Heards character is proper is a complex legal question with nuances depending o... View the full answer