ND Bar Practice Questions - North Dakota Bar Examination Exam

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The prosecution seeks to introduce evidence of the defendant's prior bank robbery to prove he committed the charged bank robbery because of the distinctive method used in both. Under FRE 404(b), this evidence is:

Potentially admissible for a non-propensity purpose such as identity through a distinctive modus operandi, subject to FRE 403 balancing Inadmissible, because prior crimes are never admissible Admissible to show the defendant is a bad person Admissible only if the defendant testifies

Correct Answer:

Potentially admissible for a non-propensity purpose such as identity through a distinctive modus operandi, subject to FRE 403 balancing

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