MBE Rules · Evidence
Other-act evidence — MIMIC
FRE 404(b)
The rule
Evidence of other crimes/wrongs/acts is not admissible to show propensity. Admissible for non-propensity purposes: Motive, Intent, Mistake (absence of), Identity, Common plan/scheme (MIMIC). Plus opportunity, preparation, knowledge. Must give prior notice in criminal cases and survive Rule 403.
In plain English
You can't use someone's past actions to prove they're likely to do it again, but you can use them to show things like motive or intent if it's relevant to the case.
Worked example
In a theft trial, evidence of the defendant's past thefts can't be used to show they're a thief by nature, but it can be used to show they had a plan or method similar to the current crime.
Memory hook
MIMIC: Motive, Intent, Mistake, Identity, Common plan. Not character!
The trap
Students think: Other acts always show character. Wrong, because MIMIC allows non-propensity uses. The actual test is whether it fits MIMIC and passes Rule 403.
How examiners test it
The MBE loves: evidence of past crime offered to show identity. Trap: assuming it's for character. Correct: check if it fits MIMIC and Rule 403.
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