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 prior fights to prove the defendant acted violently this time. The chronology includes warnings, partial performance, and a written objection, creating a close question about preservation, waiver, reliance, or reasonableness.
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.