Aqua King Fishery, LLC v. Conservation Comm'n of Provincetown

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that the degree of similarity required to prove “identity” is extremely high when the government seeks to introduce a defendant’s bad acts
• observing that evidence “is unfairly prejudicial if it... may cause a jury to base its decision on something other than the established propositions in the case.”
• considering common law in interpreting Federal Rules of Evidence where rules were codifications of common law
• explaining that evidence is unfairly prejudicial “if it appeals to the jury’s sympathies, arouses its sense of horror, provokes its instinct to punish, or otherwise may cause a jury to base its decision on something other than the established propositions in the case.”
• letter by plaintiff encouraging filing of brutality complaints against prison guards admitted because it could be read as encouraging filing of false complaints of which plaintiff’s was one
• “[A] party must specifically request the trial court to determine whether probative value is ‘substantially outweighed by the danger of unfair prejudice,’ before the court is required to invoke the rule.”

Source: CourtListener parenthetical corpus (CC0).