Paralegal Certification PrepLitigationMedium
A paralegal is assisting an attorney with a civil personal injury case. The plaintiff's attorney wants to present evidence of the defendant's prior reckless driving convictions to show that the defendant has a propensity for careless behavior on the road. The defense attorney objects, citing Federal Rule of Evidence 404(b). On what grounds would the objection most likely be sustained?
- AThe evidence is privileged communication.
- BThe evidence is hearsay.
- CThe evidence is inadmissible character evidence to prove conduct.
- DThe evidence is irrelevant.
Show answer & explanationAnswer & explanation
Correct answer: C. The evidence is inadmissible character evidence to prove conduct.
Federal Rule of Evidence 404(b) generally prohibits the use of evidence of a person's character or prior bad acts to prove that on a particular occasion the person acted in accordance with that character. This is to prevent unfair prejudice.
Why the other options are wrong
- A. Privileged communication protects confidential communications, which is not applicable to public driving convictions.
- B. Hearsay relates to out-of-court statements offered for the truth of the matter asserted, which is not the primary issue here.
- D. The evidence is arguably relevant to show propensity, but relevance alone doesn't make it admissible under 404(b).
FRE 404(b) (Character Evidence)
Federal Rule of Evidence 404(b) generally prohibits the use of evidence of a person's character or prior bad acts to prove that on a particular occasion the person acted in accordance with that character.
- Cannot be used to show propensity to commit the act.
- May be admissible for other purposes, such as motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.
- Aims to prevent unfair prejudice against the defendant.
Memory trick: Evidence must pass tests to enter the courtroom.