Multistate Bar Examination Practice Question

During a civil lawsuit for breach of contract, the plaintiff seeks to introduce evidence that the defendant has previously breached similar contracts in the past. The defense objects, arguing that this evidence is not highly probative of the defendant's actions in the current case. What must the court consider to determine the admissibility of this evidence?

  • Whether the plaintiff and defendant have a prior relationship.

  • Whether the past breaches affect the defendant’s actions in the current contract.

  • Whether the evidence is available.

  • Whether the defendant has acknowledged the past breaches.

Multistate Bar Examination
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