MBE Rules · Evidence
Limited Admissibility
FRE 105
The rule
When evidence is admissible for one purpose or against one party but not another, the court must, on timely request, restrict the evidence to its proper scope and instruct the jury accordingly.
In plain English
Limited admissibility means that certain evidence can be used for specific purposes or against certain parties in a case, but not for others. If a party believes the evidence should only be considered in a limited way, they can request the court to provide instructions to the jury on how to properly use that evidence.
Worked example
In a negligence case, a plaintiff wants to introduce evidence of the defendant's prior accidents to show a pattern of behavior. The defendant argues that this evidence is only relevant to the issue of intent, not negligence. The court allows the evidence but instructs the jury that it can only be considered for the purpose of intent, not to prove negligence.
Memory hook
Use it or lose it: evidence can be limited in purpose and scope!
The trap
Exams often present scenarios where students must determine the proper scope of evidence, leading them to overlook the need for jury instructions. Students might mistakenly think all evidence is admissible for any purpose.
How examiners test it
Questions typically involve a fact pattern where evidence is admissible for one reason but not another, requiring candidates to identify the limitations and the necessity for jury instructions.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.