Chapter 11: Witnesses - Credibility (Evidence Book p. 473- 477

Question 1

A party cannot _______ or vouch for, the credibility of their own witness by putting on a second witness to testify that the first witness is telling the truth and/or is an honest truthful person. Bolstering of a witness is allowed only AFTER that witness’s character for truthfulness has been attacked.

Answer 1

bolster

Question 2

Under FRE ______, a party may impeach a hostile or adverse witness.

Answer 2

607

Question 3

Under FRE 607, a party may ______ a _______ or ________ witness.

Answer 3

impeach

hostile

adverse

Question 4

Under FRE 607, a party may impeach a hostile or adverse witness. However, a party cannot call a hostile or adverse witness on ______ ________ for the sole purpose of impeaching her with a prior inconsistent statement, because, when used in this manner, the impeachment with the prior inconsistent statement is just a pretext to admit the hearsay contained in that prior inconsistent statement.

Answer 4

direct examination

Question 5

A party may ____ _______ any witness and attack that witness’s credibility (the witness’s testimonial capacities) for either being mistaken about the testimony, or for lying, or being caught in a lie.

Answer 5

cross-examine

Question 6

A party may cross-examine any witness and attack that witness’s _______ (the witness’s _______ ________ for either being mistaken about the testimony, or for laying, or being caught in a lie.

Answer 6

credibility

testimonial capacities

Question 7

Impeaching a Witness’s Character for Honesty/ Truthfulness FRE 608(a):

In addition to attacking the witness for either being mistaken or lying on the stand, a party can attack a witness for having the status of being a liar - having the character/propensity to lie. Do not confuse this honesty/character for truthfulness under FRE 608, with the general character traits of either a criminal defendant or a victim in a criminal case, under FRE 404 (violent/peacefulness). !!

Answer 7

!!

Question 8

Attacking a Witness’s Character for Honesty/ Truthfulness - _______ or ________.
Either party, in either a civil or criminal case, can attack the witness’s character for truthfulness of any witness who takes the stand. When attacking a witness’s character for truthfulness, FRE 608(a) allows a party to offer a second witness to testify that the first witness has a bad reputation for not being truthful, or in that second witness’s opinion, the first witness is not a truthful person.

Answer 8

reputation or opinion

Question 9

Bolstering the witness’s character for honesty/ truthfulness after it has been attacked ______ or _______.
Ince a witness’s character for truthfulness has been attacked, then, and only then, may that witness’s character for truthfulness be bolstered or supported with either ______ or _______ evidence from another witness stating that the first witness has good character for truthfulness.

Answer 9

reputation or opinion

reputation or opinion