Barbri Evidence - Impeachment Of Witnesses

Front 1

A witness’s character for truthfulness may be impeached by certain prior criminal convictions.Which of the following convictions is most likely to be found admissible?

Back 1

Felony not involving dishonesty where eight years have passed since conviction and release from prison.

Front 2

Extrinsic evidence may be used to prove up a prior inconsistent statement if the statement:

Back 2

Is directly relevant to the issues in the case

Front 3

In certain instances, a party may prove a witness’s prior inconsistent statement by use of extrinsic evidence.Which statement regarding the permissibility of extrinsic evidence is false?

Back 3

The prior inconsistent statement may concern any matter that casts doubt on the witness’s credibility, whether or not it is related to the case.

Front 4

Which of the following types of impeachment does not require any foundation?

Back 4

Prior criminal conviction

Front 5

Extrinsic evidence is always permitted to show a witness’s __________, and there are no foundational requirements.

Back 5

prior criminal conviction

Front 6

Before a prior inconsistent statement can be proved by extrinsic evidence, two requirements must be met. They are:

Back 6

Foundation; relevance

Front 7

Under the Federal Rules, the trial court ___________ allow inquiry by cross-examination into a witness’s prior bad act that is probative of truthfulness.

Back 7

May

Front 8

Select the statement that accurately explains the rule regarding impeachment to show bias or interest:

Back 8

A party is not permitted to show that a witness’s bias is justified

Front 9

Impeachment by extrinsic evidence is __________ admissible to show the witness’s bias or interest to testify falsely.

Back 9

Always

Front 10

When impeaching a witness with extrinsic evidence of bias, that evidence:

Back 10

Need not be substantively admissible in order to be admitted for impeachment purposes

Front 11

The Federal Rules of Evidence permit a party to cross-examine a witness regarding the witness’s prior act of misconduct only where the act __________.

Back 11

is probative of truthfulness

Front 12

Which of the following is a permissible method of impeaching a witness?

Back 12

Asking the witness in good faith during cross-examination if he cheated on the bar exam.

Front 13

Under the Federal Rules, there are no foundational requirements for impeaching a witness by admitting proof of her __________ by extrinsic evidence.

Back 13

Prior criminal conviction

Front 14

Which of the following statements is true regarding the impeachment of a hearsay declarant who is not available to testify at trial?

Back 14

An unavailable hearsay declarant may be impeached by evidence that would be admissible if the declarant had testified as a witness.

Front 15

Under the Federal Rules, a party cannot impeach a witness by showing that the witness has __________.

Back 15

a violent disposition

Front 16

A prior felony conviction not involving dishonesty is admissible against a criminal defendant if what standard is met?

Back 16

The probative value outweighs the prejudicial effect

Front 17

Plaintiff’s witness testifies, “I saw the defendant run a red light on the way home from a video arcade.” Which of the following, if proven by extrinsic evidence, would be barred by the rule against impeachment on collateral matters?

Back 17

Evidence that the witness previously signed a statement saying he saw the defendant run a red light on the way home from the grocery store

Front 18

Under what circumstances do the Federal Rules permit cross-examination of a witness about a prior act of misconduct?

Back 18

Only where the act is probative of truthfulness

Front 19

In order to impeach __________ with a felony conviction not involving dishonesty, the government must show that the conviction’s probative value outweighs its prejudicial effect.

Back 19

The accused in a criminal case

Front 20

Which of the following statements concerning impeachment by “prior bad acts” is false?

Back 20

Extrinsic evidence of prior bad acts is permissible where the witness on cross-examination denies committing the bad act.

Front 21

Once a witness __________, the party who called the witness may bolster or accredit the witness’s testimony.

Back 21

Has been impeached

Front 22

Witness testifies on direct examination that he saw Defendant Driver run the red light going at least 60 miles per hour. In which of the following situations may Witness testify on redirect examination that, one hour after the incident, he told a police officer the same thing?

Back 22

Defense counsel asks on cross-examination whether Witness just was hired by Plaintiff last week, and Witness admits that he was

Front 23

Which statement concerning impeachment by evidence of bias is true?

Back 23

A party is not permitted to show that a witness’s bias is justified.

Front 24

In extraordinary circumstances, a witness’s prior conviction may be admitted for impeachment purposes even if it would usually be excluded for remoteness.Which of the following is the correct balancing test for the admission of such convictions?

Back 24

The probative value of the conviction must substantially outweigh its prejudicial effect.

Front 25

Character Witness testifies that he believes Defendant is an honest person, and that Defendant has a good reputation for honesty in the community. Opposing counsel seeks to cross-examine Character Witness about: (1) whether he knows that Defendant lied about his taxes last year; and (2) whether he has heard that Defendant lied about his taxes last year. Which of these questions should a court following the Federal Rules of Evidence allow?

Back 25

Both (1) and (2)

Front 26

Defendant is charged with battery after a bar fight. Prosecutor knows that Defendant was also convicted of domestic violence last year.Under the Federal Rules, if Character Witness testifies that he believes Defendant is a peaceful person and that Defendant has a good reputation for peacefulness, Prosecutor:

Back 26

May ask Character Witness whether he personally knows of, or has heard about, Defendant’s domestic violence conviction

Front 27

A court may never disallow, for impeachment purposes, __________ prior conviction involving __________.

Back 27

A recent; dishonesty

Front 28

If more than 10 years have passed since the date of conviction or release from confinement, a conviction is __________ admissible as impeachment evidence.

Back 28

Generally not

Front 29

Under the Federal Rules, a party may impeach a witness __________.

Back 29

even if he called the witness himself

Front 30

To impeach a criminal accused with his prior felony conviction that did not involve dishonesty or a false statement, the government must show that __________.

Back 30

the conviction’s probative value as impeachment evidence outweighs its prejudicial effect

Front 31

May a prior conviction be used to impeach a witness, even if the witness is currently appealing the conviction?

Back 31

Yes

Front 32

A witness may be impeached by certain prior criminal convictions.Under the Federal Rules, which of the following convictions will be admissible to impeach? (Assume that the date given is the later of the following: the date of conviction or the date of release from confinement imposed for the conviction.)

Back 32

A misdemeanor involving dishonesty from eight years ago.

Front 33

Under the Federal Rules, a showing of the witness’s __________ is a(n) __________ of impeachment.

Back 33

Bias against a party; proper

Front 34

When a witness makes a statement that is not directly relevant to any issue in the case, the rule against impeachment on collateral matters precludes the opponent from using __________ to prove that the statement is untrue.

Back 34

Extrinsic evidence

Front 35

Witness has testified and implicated Defendant in a crime. Defense counsel, believing in good faith that Witness has previously committed perjury when testifying in an unrelated case, asks Witness whether he has ever perjured himself. Witness denies ever committing perjury. Defense counsel may now:

Back 35

Continue the cross-examination in the hope that Witness will change his answer

Front 36

If hearsay declarant’s statement is admitted at trial and the declarant does not testify, the credibility of that witness may be attacked by:

Back 36

Any evidence that would have been admissible had the declarant testified at trial

Front 37

At trial, Witness states, “I was at home eating cashews when I heard a gunshot, looked out my window, and saw Defendant holding a pistol.”Which of the following may not be used by Defendant to impeach Witness?

Back 37

Testimony from a police officer that, on the night in question, Witness said he had been eating peanuts.

Front 38

If a witness tells one story on direct examination, and defense counsel on cross-examination elicits the fact that the witness has given a different account of the same events on a prior occasion, defense counsel has __________ the witness.

Back 38

Impeached

Front 39

When is a prior felony conviction not involving dishonesty admissible against a criminal defendant?

Back 39

When the conviction’s probative value as impeachment outweighs the prejudicial effect

Front 40

Under the Federal Rules, __________ may impeach a witness.

Back 40

Any party

Front 41

Witness testifies on direct examination that she saw Defendant’s car run a red light. On cross-examination, defense counsel asks Witness, “Didn’t you tell a police officer on a prior occasion that the light was yellow when Defendant drove through?” and Witness admits that she had said that. Defense counsel has:

Back 41

Impeached the witness

Front 42

Under the Federal Rules, which of the following evidence is not a proper ground for impeachment?

Back 42

Evidence that the witness has a violent disposition

Front 43

A prior conviction is likely admissible to impeach a witness if it is a:

Back 43

Misdemeanor fraud from eight years ago

Front 44

If a hearsay declarant’s statement is admitted at trial, do the Federal Rules allow impeachment of that statement even though the declarant is not present?

Back 44

Yes, in the same manner as if the declarant had testified

Front 45

Prior statements by a witness that are consistent with a witness’s trial testimony are __________ admissible.

Back 45

Sometimes

Front 46

A court may disallow use of a recent prior conviction involving dishonesty as impeachment evidence:

Back 46

Under no circumstances

Front 47

A witness may be impeached with evidence of her prior felony conviction even if:

Back 47

She is currently appealing the conviction

Front 48

When is a party not allowed to bolster the testimony of his witness?

Back 48

When the party anticipates that the witness will be impeached.

Front 49

Generally speaking, a party may bolster the testimony of his own witness:

Back 49

After the witness has been impeached

Front 50

On cross-examination of a witness, defense counsel asks the witness about a prior bad act. The witness denies committing the act. Defense counsel may:

Back 50

Continue the cross-examination in good faith in the hope that the witness will change his answer