Extrinsic Evidence Always Barred For Collateral
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
22230_daniel-vineyard · EVIDENCE · Choice AYes, because it is part of the res gestae.
Why it's attractive
Expert testimony at trial is not a statement made under stress of a startling event
Why it's wrong
Expert testimony at trial is not a statement made under stress of a startling event
22230_daniel-vineyard · EVIDENCE · Choice BNo, because it is extrinsic evidence of a collateral matter.
Why it's attractive
The general rule bars extrinsic evidence of collateral matters, but capacity to perceive is an exception — it's always material
Why it's wrong
The general rule bars extrinsic evidence of collateral matters, but capacity to perceive is an exception — it's always material
22230_daniel-vineyard · EVIDENCE · Choice DNo, because the witness was not given an opportunity to explain his testimony in view of the additional evidence.
Why it's attractive
The FRE do not require the witness be given an opportunity to explain before extrinsic impeachment evidence is introduced
Why it's wrong
The FRE do not require the witness be given an opportunity to explain before extrinsic impeachment evidence is introduced
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