Limited admissibility - Next Generation Bar Exam

1. Prior acts evidence is admitted under FRE 404(b) to show intent. What should the court give on request?

   An instruction that the evidence may not be used to infer character and action in conformity. Limiting instructions protect against the forbidden propensity inference.

2. In a joint civil trial, a document is admissible against one defendant only. What should the court do on request of the other defendant?

   Instruct the jury to consider the document only against the first defendant. FRE 105 applies to evidence admissible against one party but not another.

3. Under FRE 105, what must the court do when evidence is admissible against one party or for one purpose but not another?

   On timely request, restrict the evidence to its proper scope and instruct the jury. The duty is triggered by a party's request.

4. A prior inconsistent statement not made under oath is admitted. What is the opposing party entitled to request?

   A limiting instruction that the statement may be considered only for credibility. The statement is not substantive evidence.

5. Under the 2023 amendment to FRE 106, what objection may not bar a completing statement?

   A hearsay objection. The completing statement may be admitted to correct a misleading impression.

6. What is the effect on appeal of failing to request a limiting instruction?

   Error is generally forfeited, subject to plain-error review. Courts are not required to give limiting instructions sua sponte under FRE 105.

7. What may the court do if a limiting instruction cannot cure the risk of misuse of evidence?

   Exclude the evidence under FRE 403. Rule 403 considers the probable effectiveness of a limiting instruction.

8. What is the purpose of the rule of completeness in FRE 106?

   To allow an adverse party to require introduction of another part of a statement that in fairness ought to be considered at the same time. Since 2023, the rule applies to written, recorded, and oral statements, over a hearsay objection.

9. The prosecution reads an excerpt of the defendant's recorded statement that is misleading out of context. What may the defendant require under FRE 106?

   Introduction of the remaining portion needed to correct the misleading impression. The completing portion is introduced at the same time.

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