Witness Credibility: Impeachment UPDATED Actual Exam Questions and CORRECT Answers
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Module
Witness Credibility
Institution
Witness Credibility
Witness Credibility: Impeachment
UPDATED Actual Exam Questions and
CORRECT Answers
"Past Recollection Refreshed" - CORRECT ANSWER- Witness may refer to a writing
that contains information that may refresh their memory. Witness doesn't testify from the
writing. Testimony must come from memory
Witness Credibility: Impeachment
UPDATED Actual Exam Questions and
CORRECT Answers
"Past Recollection Refreshed" - CORRECT ANSWER- ✔✔Witness may refer to a writing
that contains information that may refresh their memory. Witness doesn't testify from the
writing. Testimony must come from memory.
Cross-Exam: Writing Reviewed Before Hearing (General) - CORRECT ANSWER-
✔✔Cross-examiner: "Did you review any documents in preparation for this hearing?"
Witness: "Yes" then the lawyer can ask to see the documents
After review, lawyer can choose to cross-examine the witness regarding the writing(s) and/or
introduce any relevant portions of the writing into evidence
Cross-Exam: Writing Reviewed Before Hearing (CA rule) - CORRECT ANSWER- ✔✔In
CA court, the documents must be produced if requested
Cross-Exam: Writing Reviewed Before Hearing (Fed Rule) - CORRECT ANSWER- ✔✔In
Federal court, the court has discretion to order document's production
Cross-Exam: Writing Reviewed During Hearing Process - CORRECT ANSWER- ✔✔1.
Examiner may ask witness if a writing might refresh his memory
2. If yes, the lawyer presents the document to the witness
3. The witness reviews the document
4. The lawyer asks if the witness's recollection is refreshed
5. If yes, the lawyer proceeds with questioning, without using the writing
Methods of Impeachment: - CORRECT ANSWER- ✔✔Impeachment by:
Prior inconsistent statements; Contradiction; Character evidence; Prior criminal convictions;
Evidence of bias or interest; Evidence of improper motive; Demonstration of impaired
capacity to perceive, recollect or communicate
, Who May Impeach? - CORRECT ANSWER- ✔✔Any party to the lawsuit may attack the
credibility of a witness (Even the party calling a witness)
CA Impeachment Rule: - CORRECT ANSWER- ✔✔The credibility of a witness may be
attacked or supported by any party, including the party calling him.
Fed Impeachment Rule: - CORRECT ANSWER- ✔✔The credibility of a witness may be
attacked by any party, including the party calling the witness
Difference between basic CA and Fed Impeachment: - CORRECT ANSWER- ✔✔CA:
credibility can be attacked/supported
Fed: credibility can only be attacked.
Impeachment and Religious Beliefs: - CORRECT ANSWER- ✔✔Evidence regarding a
witness's religious beliefs cannot be used to either bolster or attack a witness's character
Impeachment and Religious Beliefs Exception: - CORRECT ANSWER- ✔✔Bias
(ex: evidence that witness and defendant are members of the same church may show that
witness has a bias in favor of defendant)
Prior Inconsistent Statements (PIS): - CORRECT ANSWER- ✔✔A statement that is different
from witness's statement at trial. May be written, or spoken. Used to show that the statement
during trial is not reliable
Ways of Introducing the PIS: - CORRECT ANSWER- ✔✔Confrontation
Via the testimony of another witness (allowed as impeached witness gets a chance to explain
or deny PIS)
PIS Witness CA Rule: - CORRECT ANSWER- ✔✔Witness must not have been excused
from further testimony at trial
PIS Witness Fed Rule: - CORRECT ANSWER- ✔✔The opposing party MUST have the
opportunity to examine the witness regarding the prior inconsistent statement
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