TTTBE #10: Early Answer for Patrons (Patreon)

The answer to the question was (B) -- that character evidence may be offered when it is relevant to the material facts of the case.  Since character is at issue in this case, it can be proven by reputation, opinion or past acts evidence as per Rule 405(b) of the Federal Rules of Evidence.

Sadly, Thomas got this question incorrect, and is now 6-for-10 (60%).  As with last week, some of our lawyer listeners got this question wrong.

Answer (A) was the most common incorrect answer (including by Thomas), and I have to admit it's not wrong by much.  It says that "dishonesty in the past" is "always" relevant to a malicious prosecution complaint, but that's not true.  You wouldn't be able to admit, for example, that the roommate stole a candy bar as a 9-year-old or something.  That's not much of a reason for preferring (B), but hey, sometimes bar questions are hard.

Answers (C) and (D) weren't really close.  Answer (C) said that reputation evidence, like "most character evidence," is "virtually always" admissible, and neither part of that statement is correct.  Answer (D) gave a correct gloss on character evidence but then said that reputation evidence is "always" admissible, and that's also very clearly not true.

This question was both difficult and had confusingly-worded answers -- just like the real bar exam!  Stay tuned for yet another tough question when Question #11 drops along with Friday's Epsiode 44.  We hope you enjoyed playing along with TTTBE; please keep playing!