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Source Character Evidence Complete Delaware Bar Exam Topic Index List Matched to this deck.

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During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A prosecutor offered a prior incident to prove intent but argued propensity in substance. The record contains both written proof and disputed oral testimony. The parties disagree about the legal effect of those facts. Which answer gives the best resolution?

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Reject the claim or defense solely because the opposing party disputes a required fact. Assume the doctrine applies because one element appears satisfied, even if the remaining elements are contested. The judge should rule by applying the evidentiary standard to the purpose and foundation for the proof: The answer should identify the governing rule for Character Evidence and apply it to the operative facts. Stop the analysis once the proponent states a plausible rule, without addressing the strongest counterargument.

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