Rehabilitation and hearsay declarants Bar Exam Flashcards - Medical Study Cards
Master Rehabilitation and hearsay declarants with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Rehabilitation and hearsay declarants Flashcard Deck - 10 Cards
Flashcard 1: What foundation must be laid before examining a witness about a prior inconsistent statement under the federal rules?
Answer: No foundation is required: the statement need not be shown to or disclosed to the witness before questioning. On request, the statement’s contents must be disclosed to opposing counsel.
Flashcard 2: What may a witness do after opposing counsel introduces evidence impeaching the witness’s credibility?
Answer: The witness may explain or deny the impeaching evidence, and the opponent may examine the witness about it. Rehabilitation is permitted only after an actual credibility attack; a party may not bolster a witness preemptively.
Flashcard 3: May a party impeach a witness whom it called?
Answer: Yes; the federal majority rule rejects the traditional voucher rule, so a party may impeach its own witness. The ordinary restrictions governing the particular impeachment method still apply.
Flashcard 4: When is a prior inconsistent statement admissible for its truth rather than solely to impeach?
Answer: Under the majority federal rule, it is admissible substantively if the declarant made it under penalty of perjury at a trial, hearing, or other proceeding or in a deposition. Other prior inconsistent statements generally may be used only to evaluate credibility.
Flashcard 5: How is the credibility of a hearsay declarant attacked or supported when the declarant does not testify?
Answer: Under Rule 806, once the declarant’s hearsay statement is admitted, the declarant’s credibility may be attacked and then supported by any evidence admissible if the declarant had testified. The declarant need not be present or subject to cross-examination for this purpose.
Flashcard 6: When may a prior consistent statement rehabilitate a witness, and when may it be admitted substantively?
Answer: A prior consistent statement may rebut a charge of recent fabrication or improper influence or motive when the declarant testifies and is subject to cross-examination; under Rule 801(d)(1)(B), it is substantively admissible if made before the alleged motive arose. Other consistent statements may be admitted for rehabilitation only if otherwise non-hearsay or within an exception.
Flashcard 7: How may a party prove that a witness is biased or has an interest in the outcome?
Answer: Bias or interest may be shown through cross-examination, extrinsic evidence, or both, because it is always relevant to credibility. The evidence remains subject to relevance and Rule 403 balancing.
Flashcard 8: What is the majority rule for impeachment by contradiction, and when is extrinsic evidence barred?
Answer: A witness may be contradicted on a fact relevant to a material issue, and extrinsic evidence is generally permitted. Extrinsic evidence is barred when the contradiction concerns only a collateral matter offered solely to attack credibility, subject to applicable Rule 403 limits.
Flashcard 9: What are the limits on impeaching a witness’s character for truthfulness under the majority federal rule?
Answer: After the witness’s truthfulness has been attacked, reputation or opinion evidence about truthfulness may support or attack that character. On cross-examination, the court may allow inquiry into specific truthfulness-related acts, but extrinsic evidence of those acts is generally barred under Rule 608(b).
Flashcard 10: What does impeachment by lack of capacity attack, and what evidence may establish it?
Answer: It attacks the witness’s ability to perceive, remember, or communicate accurately. Cross-examination and relevant extrinsic evidence may be used, subject to the court’s relevance and Rule 403 limits.
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