Question re: FRE 104(a) and (b)

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
User avatar
Posts: 150
Joined: Sat May 08, 2010 1:04 am

Question re: FRE 104(a) and (b)

Postby greenchair » Thu Nov 07, 2013 7:21 pm

Hey guys, quick question on FRE 104.

Other than prior acts evidence, what are some examples of FRE 104(b)? Is most evidence FRE 104(a) if it's not prior acts? Is this the right way to think about this?

For example, someone declaring "He charged at her with a knife" is 104(a). But in my mind, I always incorrectly do 104(b) analysis: "This is only relevant if he actually charged at her with a knife. This is only relevant conditioned on the asserted fact being true. Therefore it is a 104(b) problem." This is wrong. But why?

Thanks in advance.

User avatar
Posts: 3254
Joined: Thu Nov 08, 2012 8:11 pm

Re: Question re: FRE 104(a) and (b)

Postby brotherdarkness » Thu Nov 07, 2013 8:37 pm


Return to “Forum for Law School Students”

Who is online

Users browsing this forum: No registered users and 7 guests