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Other Acts
Other Acts Wisconsin Bar Exam Topic Index Wisconsin Bar Exam Topic Index Other Acts Complete Wisconsin Bar Exam Topic Index List 2026 Notes Official Sources Wisconsin Bar Exam Topic IndexThis entry is part of the Wiscons...
In a criminal sexual-assault prosecution, the government offers evidence that the defendant committed another sexual...
...cution, the government offers evidence that the defendant committed another sexual assault two years earlier. Defendant objects that propensity evidence is always barred. Which statement is most accurate? Rules 413 throu...
Citations: Federal Rule of Evidence 403, Federal Rule of Evidence 404(b), Federal Rule of Evidence 105
The prosecution offers other-act evidence for motive. The prior act is graphic, only weakly connected to the charged...
The prosecution offers other-act evidence for motive. The prior act is graphic, only weakly connected to the charged offense, and the same motive can be shown through neutral text messages. What is the best defense argum...
Citations: Federal Rule of Evidence 403, Federal Rule of Evidence 404(b), Federal Rule of Evidence 105
In a federal criminal case, the prosecution offers other-act evidence under Rule 404(b) but gave no pretrial notice a...
In a federal criminal case, the prosecution offers other-act evidence under Rule 404(b) but gave no pretrial notice and offers no good cause for the failure. The defendant objects. Which statement is most accurate? The e...
Citations: Federal Rule of Evidence 403, Federal Rule of Evidence 404(b), Federal Rule of Evidence 105
The court admits other-act evidence to prove motive but not propensity. Defense counsel asks the court to instruct th...
...Declare a mistrial because limiting instructions are unavailable for other acts. This item tests the proper and improper uses of other-act evidence. Federal Rule of Evidence 403, Federal Rule of Evidence 404(b), Federal...
Citations: Federal Rule of Evidence 403, Federal Rule of Evidence 404(b), Federal Rule of Evidence 105
The parties dispute the legal effect of a contested transaction. One material fact supports relief while another trig...
...of a contested transaction. One material fact supports relief while another triggers a limitation under the governing rule. One fact supports relief and another undercuts it, so the result turns on which fact the governi...
A plaintiff in a civil battery case offers evidence that the defendant has started bar fights every Friday night for...
...always habit. Exclude it as character or propensity evidence unless another rule or proper nonpropensity purpose applies. Admit it because civil cases have no character-evidence limits. Exclude it only if the defendant h...
Citations: Federal Rule of Evidence 403, Federal Rule of Evidence 404(b), Federal Rule of Evidence 105
In a burglary case, the government offers a prior burglary to prove identity. Both burglaries involved entry through...
...rence. Exclude the evidence because identity can never be proved with other acts. This item tests the proper and improper uses of other-act evidence. Federal Rule of Evidence 403, Federal Rule of Evidence 404(b), Federal...
Citations: Federal Rule of Evidence 403, Federal Rule of Evidence 404(b), Federal Rule of Evidence 105
In a federal bribery prosecution, the government charges Defendant with paying a county inspector $10,000 on March 3...
...to introduce evidence that Defendant paid a different inspector in another county three years earlier. The prosecutor calls all of the evidence "background" and says Rule 404(b) does not apply. Defendant objects. How sh...
Citations: Federal Rule of Evidence 401, Federal Rule of Evidence 403, Federal Rule of Evidence 404(b)
A defendant charged with selling counterfeit tickets claims he mistakenly believed the tickets were real. The governm...
...trust all defendants. This item tests the proper and improper uses of other-act evidence. Federal Rule of Evidence 403, Federal Rule of Evidence 404(b), Federal Rule of Evidence 105
Citations: Federal Rule of Evidence 403, Federal Rule of Evidence 404(b), Federal Rule of Evidence 105
A defendant is charged with bank robbery. The prosecutor offers evidence that Defendant robbed a grocery store ten ye...
...the earlier robbery. This item tests the proper and improper uses of other-act evidence. Federal Rule of Evidence 403, Federal Rule of Evidence 404(b), Federal Rule of Evidence 105
Citations: Federal Rule of Evidence 403, Federal Rule of Evidence 404(b), Federal Rule of Evidence 105
A defendant is tried in federal court for robbing a pharmacy by handing the clerk a note that said, "No alarms, no dy...
...ffers evidence that Defendant committed a prior pharmacy robbery in another city. In that robbery, the robber wore blue nitrile gloves, used the same wording in a note, demanded the same brands of medication in the same...
Citations: Federal Rule of Evidence 403, Federal Rule of Evidence 404(b), Huddleston v. United States
A federal civil case alleges that a security contractor assaulted Plaintiff during a concert. Plaintiff seeks to offe...
...contractor committed a sexual assault against a different patron at another venue the prior year. Plaintiff also seeks to offer evidence that the contractor had once punched a customer during a parking dispute. The contr...
Citations: Federal Rule of Evidence 403, Federal Rule of Evidence 404(b), Federal Rule of Evidence 413
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limi...
...analysis? Correct. The answer should identify the governing rule for Other Acts and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counte...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limi...
...analysis? Correct. The answer should identify the governing rule for Other Acts and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counte...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limi...
...analysis? Correct. The answer should identify the governing rule for Other Acts and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counte...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limi...
...accurate? Correct. The answer should identify the governing rule for Other Acts and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counte...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limi...
...setting. One party invokes ordinary practice in the field, while the other argues that the practice was unreasonable in this setting. The proponent wants the evidence placed before the factfinder; the opponent asks the...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limi...
...y to rule? Correct. The answer should identify the governing rule for Other Acts and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counte...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limi...
...ly result? Correct. The answer should identify the governing rule for Other Acts and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counte...
Citations: Federal Rules of Evidence
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limi...
...g and excluding the evidence, and explain any limiting instruction or other consequence. This revised item asks for element-by-element legal analysis, a credible counterargument, and a concrete consequence instead of a m...
Citations: Federal Rules of Evidence