During a trial I was handling in the Southern District of New York a few weeks ago, I sat at the defense side of the table during the direct examination of the plaintiff. As I listened, my adversary began to elicit out-of-court statements that were undoubtedly being...

After completing the required courses during the first year of law school, upper-level students get the chance to add more variety into their schedules and try different legal courses and simulations. For a lot of students, these courses provide great opportunities to...

FRE 404(b) – one of the most controversial rules of evidence. Known as the rule of exclusion, it attempts to prevent the prior bad acts of a witness from being admitted into evidence because those acts are often used as evidence of propensity - an inclination to...