Impeachment Misconception
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
22216_craft-market-identification · EVIDENCE · Choice AYes, because the prosecuting attorney may not impeach his own witness.
Why it's attractive
FRE 607 permits any party to impeach any witness. Also, the prosecutor is bolstering, not impeaching.
Why it's wrong
FRE 607 permits any party to impeach any witness. Also, the prosecutor is bolstering, not impeaching.
22216_craft-market-identification · EVIDENCE · Choice BYes, because Lydia's statement is hearsay not within any exception.
Why it's attractive
The prior ID is an out-of-court statement, but FRE 801(d)(1)(C) says it's NOT hearsay if the declarant testifies and is subject to cross.
Why it's wrong
The prior ID is an out-of-court statement, but FRE 801(d)(1)(C) says it's NOT hearsay if the declarant testifies and is subject to cross.
22216_craft-market-identification · EVIDENCE · Choice CNo, because Lydia is a disinterested witness.
Why it's attractive
Witness interest goes to weight, not admissibility. This is not the legal basis for admitting the prior ID.
Why it's wrong
Witness interest goes to weight, not admissibility. This is not the legal basis for admitting the prior ID.
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