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Exam (elaborations)

Witness Credibility: Impeachment Exam Questions With Correct Answers

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Witness Credibility: Impeachment Exam Questions With Correct Answers "Past Recollection Refreshed" - answerWitness 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 Revi...

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  • October 21, 2024
  • 7
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • Witness Credibility
  • Witness Credibility
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©SIRJOEL EXAM SOLUTIONS
10/7/2024 11:03AM



Witness Credibility: Impeachment Exam
Questions With Correct Answers


"Past Recollection Refreshed" - 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) - 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) - answer✔In CA court, the documents

must be produced if requested


Cross-Exam: Writing Reviewed Before Hearing (Fed Rule) - answer✔In Federal court, the court

has discretion to order document's production


Cross-Exam: Writing Reviewed During Hearing Process - answer✔1. Examiner may ask witness

if a writing might refresh his memory

, ©SIRJOEL EXAM SOLUTIONS
10/7/2024 11:03AM


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: - 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? - answer✔Any party to the lawsuit may attack the credibility of a witness

(Even the party calling a witness)


CA Impeachment Rule: - answer✔The credibility of a witness may be attacked or supported by

any party, including the party calling him.


Fed Impeachment Rule: - 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: - answer✔CA: credibility can be

attacked/supported

Fed: credibility can only be attacked.

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