Relevance and exclusion, hearsay and its exceptions, character and impeachment, authentication, best evidence, and expert testimony.
Evidence Issue Spotting Practice
Practice spotting hearsay, invoking exceptions, impeaching witnesses, and authenticating evidence under the Federal Rules of Evidence.
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Exam Analysis: The Pattern of Acts
Relevance, Character & Impeachment · Free accessDefendant Ray is charged with embezzling from his employer by creating fake vendor invoices over six months. The state offers, under FRE 404(b), evidence that three years earlier Ray created fake vendor invoices to embezzle from a prior employer. The state argues the prior act shows plan, intent, and absence of mistake. Ray's counsel objects that the prior act is too remote and is propensity evidence in disguise.
Analyze whether the prior-act evidence is admissible under FRE 404(b) and 403. Identify the issues, state the rules, apply them, and conclude. Address the federal versus state distinction if material.
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