MBE Evidence Flashcards
When can a prosecutor ask a defendant about a specific bad act on cross-examination?
When they have a good faith belief that it occurred.
When can a lay witness testify about handwriting?
When they have personal knowledge of it from before the litigation
Is there an exception to the hearsay rule for judgments of acquittal?
No, because they do not establish innocence—they merely establish that the prosecution failed to meet its burden of proof.
Can a witness be impeached with evidence of a plea deal/agreement to testify?
Yes, a witness can be impeached with evidence of self-interest or bias that may motivate the witness to testify falsely—e.g., benefits received in exchange for testimony. Since such evidence bears on the witness’s credibility, it can be raised on cross-examination or introduced extrinsically through other sources.
