MBE Rules · Evidence
Stipulations
Stipulations (Old Chief)
The rule
A defendant's offer to stipulate to prior-felon status forces the prosecution to accept it when the conviction's name adds only unfair prejudice (Old Chief); otherwise parties may generally prove their case with their own evidence.
In plain English
A stipulation is an agreement between parties in a legal case regarding certain facts that do not need to be proven with evidence. If a defendant offers to stipulate to being a prior felon, the prosecution must accept this stipulation if the details of the conviction would unfairly prejudice the jury.
Worked example
In a criminal trial, the defendant offers to stipulate that he has a prior felony conviction for robbery. The prosecution originally planned to introduce evidence of the robbery, but since this detail could unfairly bias the jury against the defendant, they must accept the stipulation and cannot present that evidence. As a result, the jury only hears that the defendant is a prior felon without the specifics.
Memory hook
Stipulate to avoid the hate: keep it fair, keep it straight.
The trap
Exams may present scenarios where students must decide whether a stipulation should be accepted, leading them to overlook the potential for unfair prejudice. Students might mistakenly believe that the prosecution can always introduce evidence of prior convictions.
How examiners test it
Questions often involve a hypothetical where a defendant offers a stipulation, and students must analyze whether the prosecution can introduce evidence that could unfairly prejudice the jury. Look for keywords related to prejudice and stipulation acceptance.
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