Evidence & Trial Practice Flashcards

Under FRE 404(b), evidence of a defendant's prior bad acts may be admitted to prove:

Answer: Motive, intent, plan, identity, or absence of mistake

FRE 404(b)(2) allows other-act evidence for non-propensity purposes such as motive, intent, plan, or identity.

A criminal defendant calls a witness to testify to his reputation for peacefulness. Which consequence follows under FRE 404(a)?

Answer: The prosecution may offer rebuttal evidence of the defendant's violent character

When the accused offers a pertinent trait, the prosecution may rebut it under FRE 404(a)(2)(A).

Under FRE 609(a)(2), a witness's prior conviction for a crime involving a dishonest act or false statement is:

Answer: Admitted regardless of punishment, without balancing

Crimen falsi convictions must be admitted for impeachment regardless of punishment and without judicial balancing.

A conviction is more than 10 years old (measured from conviction or release, whichever is later). Under FRE 609(b), it is admissible for impeachment only if:

Answer: Its probative value, supported by specific facts, substantially outweighs its prejudicial effect, and notice is given

FRE 609(b) imposes a reverse balancing test plus written notice for stale convictions.

On cross-examination, counsel asks a witness about a specific instance of lying on a job application. If the witness denies it, counsel may:

Answer: Not prove the act with extrinsic evidence

FRE 608(b) permits inquiry into specific instances on cross but bars extrinsic evidence to prove them.

In a federal sexual assault prosecution, evidence that the defendant committed another sexual assault is:

Answer: Admissible and may be considered on any matter to which it is relevant under FRE 413

FRE 413 allows prior sexual assault evidence, including for propensity, in sexual assault cases.

In a civil sexual misconduct case, evidence of the victim's other sexual behavior is admissible under FRE 412 if:

Answer: Its probative value substantially outweighs the harm to the victim and unfair prejudice to any party

FRE 412(b)(2) applies a reverse balancing test in civil cases.