MBE Rules · Evidence
Character — propensity bar
FRE 404(a)
The rule
Evidence of a person's character or character trait is not admissible to prove conduct in conformity therewith. Exceptions: (1) criminal defendant may introduce pertinent trait of own character; (2) prosecution may rebut; (3) victim's character in homicide/self-defense; (4) witness character via 607-609.
In plain English
You can't use someone's past behavior to prove they acted the same way in a specific situation, with some exceptions for criminal cases.
Worked example
In a theft trial, the prosecution can't say the defendant is a thief because they stole before, unless the defendant first claims they're honest.
Memory hook
Character's not your conduct twin. Can't use character to prove actions, except for defendants and victims in specific cases.
The trap
Students think: Any character evidence is always barred. Wrong, because exceptions exist for defendants and victims. The actual test is whether an exception applies.
How examiners test it
The MBE loves: criminal case where defendant tries to introduce good character evidence. Trap: forgetting that prosecution can rebut once character evidence is introduced.
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