MBE Evidence Practice Exam

Evidence of prior acts to show motive or plan is allowed under Rule 404(b). Which purpose is permissible?

Admissible only to show propensity. Not admissible at all. Admissible for purposes such as motive, opportunity, plan. Admissible if the prior acts were admitted into evidence.

Correct Answer:

Admissible for purposes such as motive, opportunity, plan.

Explanation:

Under Rule 404(b), evidence of other acts is allowed when it helps prove a fact about a defendant’s motive, opportunity, or plan, not to show that the defendant is simply a bad person. So prior acts can be used to explain why the charged conduct happened, or to show a pattern or scheme, as long as the evidence is relevant to a specific issue other than character. This makes the evidence probative for reasons like motive, opportunity, or plan, rather than proving propensity. That’s why the best answer says it’s admissible for purposes such as motive, opportunity, plan. It isn’t about showing propensity, and it isn’t automatically admissible in all circumstances or only if the acts were already admitted.

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