A Party Cannot Impeach Own Witness
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
18709_lydia_bookshop_delivery_statement · EVIDENCE · Choice AAdmit the statement as substantive proof that the van did not stop, because it is inconsistent with Stephen's testimony.
Why it's attractive
The choice upgrades an impeachment-only offer into proof of the accident fact.
Why it's wrong
The choice upgrades an impeachment-only offer into proof of the accident fact.
18709_lydia_bookshop_delivery_statement · EVIDENCE · Choice BExclude the statement because a party may not impeach a witness the party called.
Why it's attractive
The choice makes the calling party's identity dispositive.
Why it's wrong
The choice makes the calling party's identity dispositive.
18709_lydia_bookshop_delivery_statement · EVIDENCE · Choice DExclude the statement because prior inconsistent statements are never usable unless given at trial.
Why it's attractive
The choice says never, even though the call only asks about impeachment.
Why it's wrong
The choice says never, even though the call only asks about impeachment.
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