I expect to distribute the Prelim Exam sometime in early October. It will consist of approximately 5-7 questions. You will have a week to complete it. It will cover the first three parts of the course--Relevancy, Witnesses, and Impeachment.
Above is the prelim exam and the sample answers from the Fall 2025 Prelim. This will give you a basic idea of the structure of the exam and what I am looking for in answers.
Tuesday audio. No class Monday. I will try to schedule two lunchtime make-ups (covering Monday and Labor Day) sometime next month.
We will finish Sexual Assault, then prep Relevance Review and all of Witnesses.
Monday audio. Don't forget about the Constitution Day event at 12:30 tomorrow in RDB 1000.
Review the rest of Policy Exclusions, then move to Sexual Assault.
We continue with Habit. Then move to Policy-Based Exclusions; prep all assigned for Monday and Tuesday of next week.
Here is the information for the Constitution Day event with Prof. Rabban. Please plan to attend for pizza, class participation, and a good educational opportunity.
Our Constitution Day 2026 program will feature Prof. David Rabban (University of Texas), presenting The First Amendment Law of Academic Freedom. This will be at 12:30 on Tuesday, September 15 in the Large Courtroom.
Class participation points awarded for attendance. Please attend; this is an especially important topic for students in this moment.
Tuesday audio. No class on Monday for Labor Day.
We pick up with the connection between 104 and 404(b). Will the second question in Bell--is the evidence admissible for a permissible purpose--resolved under 104(a) or (b) and why? Prep the remaining problems, arguing both pieces of the Bell analysis.
Then move to Habit, Custom, and Character.
We will finish with the final use in (b)(2)--Identity, then move to the assigned questions.
Prep Conditional Relevancy, which we then will map onto the two-step inquiry described in Bell.
By coincidence, here is a new 8th Circuit case involving rap lyrics. The court admitted them under 404(b)(2) to show knowledge of drug terminology.
