Also known as: other act · other-acts evidence · 404(b) evidence · prior bad acts · Rule 404(b)
Written by attorneys · grounded in primary & secondary sources — see below
Conduct or actions by a party distinct from the principal transaction, event, or charged act under consideration. Such conduct may manifest assent, contribute to liability, advance corporate purposes, or serve as proof of motive, intent, or plan when offered for a non-propensity purpose.
Oakley Osei emails Owen Ortega an offer to purchase a warehouse. Without replying in words, Ortega orders his crew to begin clearing debris from the loading dock the next morning. Osei observes the work and does not object. The conduct constitutes a manifestation of assent to the exchange.
Ophelia O'Brien stands inches from Orlando Okafor and declares she will strike him. She simultaneously raises her fist and steps forward. The combination of words and physical movement places Okafor in reasonable apprehension of imminent harmful contact.
Select any source to read its text and confirm it supports the definition.
Oakridge Manufacturing's board votes to dissolve. The officers auction remaining inventory, pay final vendors, and file the certificate of termination. These steps complete every other act necessary to wind up the corporation's affairs.
Odyssey Logistics contributes funds to a local job-training program. The program improves workforce availability in the company's operating region. The payment furthers the corporation's business and affairs without violating any law.
Oswald Orozco is charged with discarding a controlled substance. The government offers testimony that he previously discarded similar packages during surveillance operations. The evidence is admitted to prove his knowledge that the object was contraband.
Olga O'Neill challenges a statute restricting access to contraceptives. The Court examines the statute's enforcement history and related regulatory practices. These surrounding acts illuminate the scope of protected liberty interests.
In a criminal case involving sexual assault or child molestation, the court may admit evidence that the defendant committed any other sexual assault or child molestation. The evidence may be considered on any matter to which it is relevant, including intent, plan, or absence of mistake.
The evidence must have a proper purpose under the rule, be relevant, have probative value not substantially outweighed by unfair prejudice, and be accompanied by a limiting instruction. Courts apply this test to ensure the evidence serves a non-propensity function.
A dissolved corporation may not carry on business except acts appropriate to winding up and liquidation. This includes collecting assets, discharging liabilities, distributing remaining assets, and performing every other act necessary to conclude affairs.
…to correct." In disapproving that doctrine we do not hold unconstitutional § 34 of the Federal Judiciary Act of 1789 or any other Act of Congress. We merely declare that in applying the doctrine this Court and the lower courts have invaded rights which in our opinion are reserved by the Constitution to the several…