Bias As Truthfulness Confusion
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
14823_coastal_bakery · EVIDENCE · Choice ATestimony by Barnabas's former business partner that he overheard Ruth offer to provide favorable testimony if Barnabas would pay her $7,500.
Why it's attractive
The $7,500 pay-for-testimony is bias, motive, or interest — not a character-for-truthfulness attack. Bias is never collateral, and extrinsic evidence of bias is admissible. The student who collapses this into FRE 608(b) picks the dominant trap.
Why it's wrong
The $7,500 pay-for-testimony is bias, motive, or interest — not a character-for-truthfulness attack. Bias is never collateral, and extrinsic evidence of bias is admissible. The student who collapses this into FRE 608(b) picks the dominant trap.
14823_coastal_bakery · EVIDENCE · Choice CTestimony by a sheriff's deputy that Barnabas has a long-standing reputation in the community for dishonesty.
Why it's attractive
The defendant opened the character door by opinion testimony that the defendant is honest and trustworthy. FRE 405(a) lets the prosecution call its own character witness to testify to the defendant's reputation for the opposite trait. The sheriff's deputy is the prosecution's rebuttal character witness, not a forbidden propensity attack.
Why it's wrong
The defendant opened the character door by opinion testimony that the defendant is honest and trustworthy. FRE 405(a) lets the prosecution call its own character witness to testify to the defendant's reputation for the opposite trait. The sheriff's deputy is the prosecution's rebuttal character witness, not a forbidden propensity attack.
14823_coastal_bakery · EVIDENCE · Choice DTestimony by a fellow church choir member that Ruth has a long-standing reputation in the community as an untruthful person.
Why it's attractive
The witness is excused, but reputation evidence is not the witness's own testimony. FRE 608(a) allows reputation or opinion testimony about a witness's character for truthfulness without placing the witness back on the stand. The choir-member source is window dressing.
Why it's wrong
The witness is excused, but reputation evidence is not the witness's own testimony. FRE 608(a) allows reputation or opinion testimony about a witness's character for truthfulness without placing the witness back on the stand. The choir-member source is window dressing.
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