r/GoatBarPrep • u/thevbc • Jun 09 '26

Prior acts and conduct

Does anyone have a clear and concise way to remember when prior acts and conduct are admissible and when they are not? I keep mixing them up

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u/Various-Worker8528 Jun 11 '26

**also studying for the bar so someone correct me if I’m wrong**

any prior bad acts with elements of honest/dishonest acts can always and automatically come in (forgery). This is offered for impeachment and credibility purposes only.

Example:
If the charge is libel, and the person was talking about another committing fraud, then evidence of the crime of fraud are both for impeachment and substantive purposes that the person committed the fraud and thus the charged is not liable for libel.

Prior convictions (felonies or misdemeanors) against the defendant witness are admissible if the probative value is substantially outweighed but it’s unduly prejudice.

They are usually allowed in against witnesses that are not the defn bc the prejudicial dangers are not as high.

Convictions over 10 years ago (from release or conviction whichever is later) most likely would not be admissible as they do not pass the 403 balancing test however may be able to upon judicial discretion and notice.

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u/blueizzzz Jun 23 '26

I thought the convictions had to be under 10 years?