Essay Flashcards

During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A party offered an email to show notice rather than truth of the complaint. The moving party relies on the parties' conduct and the practical consequences of the ruling, while the opponent emphasizes a formal limitation.
The proponent wants the evidence placed before the factfinder; the opponent asks the judge to exclude it or admit it only for a limited purpose.
How should the judge rule? Discuss the strongest arguments for admitting and excluding the evidence, and explain any limiting instruction or other consequence.