"Restoring competition must mean more than merely enjoining the prior illegal conduct."

The evidence raised an inference of malice on the part of Mr. Rivers based on his reckless disregard for human life from his prior conduct.

How easy, now, to pass judgments on his prior conduct.

Hypothetically, said Sandy Alderson, who doesn't like to deal in hypotheticals, "it's conceivable that under some circumstances a trade could be nullified as a result of prior conduct of the parties."

If an order had been issued, the relatives' prior conduct suggests that they would have defied it.

Federal prosecutors not connected with this case said it was difficult to appeal pretrial rulings and that they did not expect the exclusion of evidence of prior conduct to be appealed.

He also said Mr. Awadallah's testimony before the grand jury was unconnected to any prior conduct by F.B.I. agents and should not have been suppressed.

Most courts also allow a defendant's predisposition to be demonstrated through prior conduct or reputation.

Stern said that had it not been for Artest's prior conduct, he might not have been as harsh.

"They've already been more successful than most defense lawyers in Colorado in getting the judge to at least entertain the admissibility of prior sexual conduct."