A Denial Of The Charge Attacks The Witness S Character For Truthfulness
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Evidence1
Example wrong choices
17996_shepherding_call · EVIDENCE · Choice AYes, because it is admissible to prove Mary's credibility as a witness in her own defense.
Why it's attractive
Bolstering on truthfulness is foreclosed by FRE 608(a) until the character for truthfulness has been attacked. The 'always' phrasing is a tiered-absolute tell.
Why it's wrong
Bolstering on truthfulness is foreclosed by FRE 608(a) until the character for truthfulness has been attacked. The 'always' phrasing is a tiered-absolute tell.
17996_shepherding_call · EVIDENCE · Choice BNo, because Hannah is merely stating her opinion regarding Mary's truthfulness.
Why it's attractive
FRE 608(a) specifically authorizes opinion (and reputation) evidence on truthfulness. The 'merely' framing is a tiered-absolute tell. The gate is 'after attack,' not 'no opinion.'
Why it's wrong
FRE 608(a) specifically authorizes opinion (and reputation) evidence on truthfulness. The 'merely' framing is a tiered-absolute tell. The gate is 'after attack,' not 'no opinion.'
17996_shepherding_call · EVIDENCE · Choice DYes, because Mary testified that she did not spray-paint the mural.
Why it's attractive
Mere testimony is not an attack on truthfulness. The trigger for FRE 608(a) requires a separate assault on the witness's character.
Why it's wrong
Mere testimony is not an attack on truthfulness. The trigger for FRE 608(a) requires a separate assault on the witness's character.
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