Short And Happy Guide Chapter 4 Part 3 (p. 74)

Question 1

___________ is the mere putting of her testimony in question.

Answer 1

Impeachment

Question 2

The inaccurate testimony could come from dishonesty, but it could also come from poor memory, poor perception, inaccurate portrayal of the facts, etc. Anything that casts doubt on the accuracy of the testimony is _______________.

Answer 2

Impeachment

Question 3

What rule permits any party to impeach a witness, even his or her own witness?

Answer 3

Rule 607

Question 4

While impeachment refers to challenging the credibility of a witness, ___________ is the opposite.

Answer 4

Bolstering

Question 5

Unlike impeachment, however, a party may not ______ her witness until the witness has first been impeached.

Answer 5

Bolster

Question 6

There are many methods by which a witness can be impeached. The methods include:
1. ?
2.
3.
4.
5.
6.

Answer 6

1. Prior Inconsistent Statements

Question 7

There are many methods by which a witness can be impeached. The methods include:
1.
2. ?
3.
4.
5.
6.

Answer 7

2. Bias or interest

Question 8

There are many methods by which a witness can be impeached. The methods include:
1.
2.
3. ?
4.
5.
6.

Answer 8

3. Conviction of a Crime

Question 9

There are many methods by which a witness can be impeached. The methods include:
1.
2.
3.
4. ?
5.
6.

Answer 9

Specific Instances of Misconduct

Question 10

There are many methods by which a witness can be impeached. The methods include:
1.
2.
3.
4.
5. ?
6.

Answer 10

5. Proof of reputation or opinion or

Question 11

There are many methods by which a witness can be impeached. The methods include:
1.
2.
3.
4.
5.
6. ?

Answer 11

6. Sensory deficiencies

Question 12

_________ ________ would include poor perception, memory, mental ability or the inability to narrate the facts accurately.

Answer 12

Sensory Deficiencies

Question 13

Prior inconsistent statements are used as a mechanism to _______ a witness. Rule 613 governs this method of impeachment.

Answer 13

Impeach

Question 14

Prior inconsistent statements are used as a mechanism to impeach a witness. Rule 613 governs this method of impeachment. The rule has 4 requirements:
1. ?
2.
3.
4.

Answer 14

1. The statements must be inconsistent

Question 15

Prior inconsistent statements are used as a mechanism to impeach a witness. Rule 613 governs this method of impeachment. The rule has 4 requirements:
1.
2. ?
3.
4.

Answer 15

2. The inconsistency must be relevant to the case at hand.

Question 16

Prior inconsistent statements are used as a mechanism to impeach a witness. Rule 613 governs this method of impeachment. The rule has 4 requirements:
1.
2.
3. ?
4.

Answer 16

3. The inconsistent statement on request, must be disclosed to opposing counsel; the witness must be allowed to explain the inconsistency, and; opposing counsel must be allowed to question the witness rule 613(a).

Question 17

Prior inconsistent statements are used as a mechanism to impeach a witness. Rule 613 governs this method of impeachment. The rule has 4 requirements:
1.
2.
3.
4. ?

Answer 17

And 4. the district court should instruct the jury about the limited purpose of the earlier statement.

Question 18

If a witness is biased and/or has an interest in the outcome of the case, then that witness has a _____ to be less than ________.

Answer 18

Motive

Truthful

Question 19

Evidence which shows the bias or interest, is not admitted for substantive purposes. That is, the evidence is not used to support or controvert an issue in the case. Rather, the evidence is only admitted to _______ the witness.

Answer 19

Impeach

Question 20

Two examples of bias:
1.
2.

Answer 20

1. Jailhouse snitch
2. Scorned spouse

Question 21

A con sharing the same cell with the defendant testifies about what the defendant told him one night. In exchange for testimony he gets a reduced sentence or some such benefit. Is he biased? ________. Evidence of this agreement could be admitted to illustrate how the witness might be biased.

Answer 21

Certainly

Question 22

Frequently, one spouse has been wronged. It could have been as a result of many things, such as infidelity, mismanagement of money, hay si al or emotional abuse - you name it. In a divorce, for example the wronged spouse may have a reason to ______ his or her testimony. They have bias.

Answer 22

Twist

Question 23

This is a fairly strong method of impeachment. Whether warranted or not. It’s the once a bad guy, always a bad guy mentality that many people possess. What does this refer to?

Answer 23

Conviction of a crime. Rule 609

Question 24

The thought that once a person does something wrong, he or she will tend to do that same wrong again goes far beyond requiring that someone be convicted of a crime. Therefore, Rule ______ addresses the limited circumstances when a witness’s character for truthfulness may be attacked.

Answer 24

608(a)

Question 25

Evidence of this kind is also contained in Rule 608. Howeve,r the second part of the rule 608(b) addresses specific instances of conduct. What does this refer to?

Answer 25

Proof of reputation or opinion

Question 26

My cousin Vinny - the witness said she observed something from 50 feet away. He holds up a tape measure and goes 50 feet away and asks he how many fingers he is holding up and she guesses wrong. Pesci uses the demonstration to illustrate that her vision was bad. He challenges her capacity to _______ the ______. It was a very effective demonstration. This is a ________ ________.

Answer 26

Perceive the scene.
Sensory deficiency

Question 27

Challenging a witnesses ________ is an acceptable way to impeach a witness.

Answer 27

Capacity

Question 28

There are 4 ways in which capacity may be challenged:
1. ?
2.
3.
4.

Answer 28

1. Perception

Question 29

There are 4 ways in which capacity may be challenged:
1.
2. ?
3.
4.

Answer 29

2. Memory

Question 30

There are 4 ways in which capacity may be challenged:
1.
2.
3. ?
4.

Answer 30

3. Narration

Question 31

There are 4 ways in which capacity may be challenged:
1.
2.
3.
4. ?

Answer 31

4. mental ability

Question 32

As illustrated above, sometimes a witness has poor ___________ of the scene about which she testifies. It could be as a result of poor vision, poor location, bad lighting, physical impairment through drugs or alcohol, lack of sleep, or any other factor which impacts a witness’s ability to accurately perceive an event.

Answer 32

Perception

Question 33

Sometimes, we just cannot remember events, or cannot remember the little details about the events, or we remember events inaccurate. Showing that a witness has misremembered one event, if presented property, can cast doubt on other events she narrates for the case. What does this refer to?

Answer 33

Memory failure

Question 34

Sometimes we tell the story wrong. Example the telephone game. This is also one of the reasons we have rules regarding hearsay to try to eliminate these changes in story. What does this refer too?

Answer 34

Improper narration

Question 35

It is important to remember that a lack of mental capacity does not, in and of itself, prevent a witness from bein competent to testify. On the contrary, a mentally incompetent person can testify is a judge believes that she is able to recall and narrate events accurately, and that she understands the difference betweeen telling the truth and a lie. Nevertheless, courts have permitted evidence of a ________ ________ for consideration of a witness’s ___________.

Answer 35

Mental diagnosis

Credibility

Question 36

Experts to not need to have _________ __________. Nevertheless, they must have appropriate knowledge to testify with regard to a particular _________.

Answer 36

Personal knowledge

Field

Question 37

Lay persons must have ______ ________ with the caveat that certain opinions are permissible.

Answer 37

Personal knowledge

Question 38

Suppose that the case involves negligence, and the issue is who had the right of way at an intersection. Wendy testifies that on her way home from the store and she saw Danny run a red light. Suppose that you have information that she was coming home from something other than the store, can you impeach Wendy with evidence that she was not coming home from the store? Why?

Answer 38

No! This is a collateral matter that has nothing to do with what is in issue in the case. You are stuck with her story.

Question 39

Attacking and Supporting the Declarant’s Credibility. What rule?

Answer 39

806

Question 40

The significance of this rule is that even when the declarante does not testify, evidence may be admitted which contradicts (or impeaches) the declarant. What rule?

Answer 40

806

Question 41

The other side of impeachment is _____________.

Answer 41

Rehabilitation

Question 42

While one side wants to show a witness is not to be believed, the other side wants the fact-finder to believe the witness. There are several ways to rehabilitate a witness:
1. ?
2.
3.

Answer 42

1. Redirect Examination

Question 43

While one side wants to show a witness is not to be believed, the other side wants the fact-finder to believe the witness. There are several ways to rehabilitate a witness:
1.
2. ?
3.

Answer 43

2. Reputation for Truthfulness

Question 44

While one side wants to show a witness is not to be believed, the other side wants the fact-finder to believe the witness. There are several ways to rehabilitate a witness:
1.
2.
3. ?

Answer 44

Prior Consistent Statements

Question 45

The most obvious (and common) method to __________ a witness is for the proponent of the witness to ask questions on _________ which would _________ the witness. This remits the witness to explain or expound on the prior testimony that was used to indicate her untruthfulness.

Answer 45

Rehabilitate

Redirect

Rehabilitate

Question 46

Under Rule 608, only after a witness’s credibility for truthfulness has been attacked, then evidence of ________ _________ is admissible.

Answer 46

Truthful character

Question 47

Generally, a party may not rehabilitate a witness by offering a _______ _________ that is consistent with her testimony.

Answer 47

Prior statement

Question 48

Generally, a party may not rehabilitate a witness by offering a prior statement that is consistent with her testimony. There are exceptions:
1. ?
2.

Answer 48

1. To rebut a charge of recent fabrications

Question 49

Generally, a party may not rehabilitate a witness by offering a prior statement that is consistent with her testimony. There are exceptions:
1.
2. ?

Answer 49

2. When the witness has been impeached on other non-character grounds

Question 50

Peter alleges “Mary just made that up” but she didn’t. She said the same thing to Nancy a month ago. The former statement she made to Nancy may be admitted. Why?

Answer 50

To rebut a charge of recent fabrication or motive to lie

Question 51

The statement had to have occurred before the alleged recent fabrication, or motive, occurred. What does this refer to?

Answer 51

Rebutting a charge of recent fabrication!

Question 52

If a witness has been impeached on a ground other than recent fabrication or motive then if appropriate a court may allow testimony that controversy the impeachment. I.e.,

Answer 52

Rehabilitate the witness

Question 53

Evidence of a prior consistent statement is not permitted to rehabilitate a witness whose _____________ _______ for truthfulness has been attacked. (For example: criminal convictions, reputation, or opinion testimony).

Answer 53

General character

Question 54

Suppose that Office O’Reilly recognized Danny based one his tattoo. On cross-examination, opposing counsel tried to effectively impeach Officer O’Reilly with evidence of O’Reilly’s report that did not mention Danny tattoo. In order to __________ officer O’Reilly the prosecutor may offer evidence that he had previously mentioned the tattoo to another officer.

Answer 54

rehabilitate

Question 55

As a general rule, in the absence of a proper _________, evidence will be admitted regardless of whether the evidence complies with the rule.

Answer 55

objection

Question 56

Suppose one side offers evidence that is, without question, irrelevant. Unless the opposing party _______, the evidence will be admitted. Because a judge will not ______ _____ ________. Without an _______, there is nothing for the judge to rule on.

Answer 56

objects

object suas ponte

objection

Question 57

___________ must be based on the proper rule and valid.

Answer 57

objections

Question 58

Objections must be based on the proper rule and valid. Even then, judges often will overrule objections improperly. Nevertheless, those are issues for appeal. We are just focused on trial-level evidence at this stage. True!!

Answer 58

!!

Question 59

Objections are typically made at one of three scenarios:
1.
2.
3.

Answer 59

1. at trial
2. at a hearing
3. or at a deposition

Question 60

Although the rules regarding objections made at trail and at a hearing are the same, in practice, judges tend to be more lenient in ________ because there is no jury present.

Answer 60

hearings

Question 61

________ are presumed to be able to sift through permissible and impermissible evidence and make decisions based only on permissible evidence.

Answer 61

judges

Question 62

Regardless of the setting, trial or hearing, _______ is critical.

Answer 62

timing

Question 63

Generally, __________ must be made at the first available time.

Answer 63

objections

Question 64

IN other words, as soon as an objectionable question is asked or an objectionable answer is anticipated, an _________ _______ _____ _______ that is before an answer is given if possible.

Answer 64

objection must be made

Question 65

If not possible to object before the answer is given, as soon as another is given. What does this refer to?

Answer 65

objections must be made at the first available time.

Question 66

If properly made after an answer is given, ________ (________) by the judge, then the objecting party must make an oral motion to strike the answer.

Answer 66

sustained (granted)

Question 67

If properly made after an answer is given, sustained (granted) by the judge, then the objecting party must make an oral _______ ______ _______ the answer.

Answer 67

motion to strike

Question 68

Failure to object timely will mean that a judge may properly ______ the objection.

Answer 68

overrule

Question 69

________ __________ being a form of discovery are governed by Rule 30 of the FRCP.

Answer 69

oral depositions

Question 70

In ________ ________, objections to the form of the question must be made during the __________ or they will be waived.

Answer 70

oral deposition

deposition

Question 71

In oral depositions, objections to the form of the question must be made during the deposition or they will be ________.

Answer 71

waived

Question 72

An objection to the form of the question would be for example _______ _______ or that the question calls for _______.

Answer 72

overly broad

hearsay

Question 73

Additionally, an objection based on _______ must be made at the deposition or they will be deemed waived.

Answer 73

privilege

Question 74

There are two types of objections:
1.
2.

Answer 74

1. general
2. specific

Question 75

__________ _________ are vague and over broad.

Answer 75

General objections

Question 76

_________ ________ do NOT preserve error. That is, if a _________ _________ is made and overruled (denied), then the _________ will be deemed meaningless on appeal and insufficient to preserve appeal. An appellate court cannot review it.

Answer 76

general objections
general objection

objection

Question 77

If a _______ ______ is made and sustained (granted), then the objection will be upheld on appeal. That is, an appellate court will presume that the objection was made on proper grounds.

Answer 77

general objection

Question 78

__________ _________ state the basis of the objection to the point that the court and opposing counsel know why the objection was made.

Answer 78

specific objections

Question 79

Example of an objection made pursuant to Rule ______might look like this, “Objection, your honor. The probative value of the photograph is substantially outweighed by the prejudicial effect seeing the bloody scene would have on the jury. The same information can be obtained through oral testimony.

Answer 79

403

Question 80

If a _______ _______ is made and sustained, then the objection, if made on the proper grounds or basis, will be upheld on appeal.

Answer 80

specific objection

Question 81

Objection speculation refers to what rule?

Answer 81

Rule 602 Personal Knowledge

Question 82

_________ in the old days the device was a means to preserve error such that an appellate court could review the trial court’s ruling. No more at the federal level and most state courts have abolished the use of this term as well.

Answer 82

exception

Question 83

An _____ ____ ______ is a method of preserving a specific kind of error.

Answer 83

offers of proof

Question 84

An offer of proof is a method of preserving a specific kind of error. This is governed by what rule?

Answer 84

103(a)(2)

Question 85

When a court has excluded evidence, the offer of proof is a means by which the excluded evidence is inserted into the appellate record for the higher court to review. True or False.

Answer 85

True

Question 86

Three basic ways to make offers of proof:
1.
2.
3.

Answer 86

1. Oral Testimony
2. Offer by Counsel
3. Documentary Offer

Question 87

An offer of proof may be made by oral testimony from a live witness. In this circumstance, the ______ is not present. In a bench trial, the judge need not be present.The only critical person is the ______ _______ who will take down the testimony which will go into the record for appellate court review.

Answer 87

jury

court reporter

Question 88

The expert witness would testify from the witness stand by responding to questions from the attorney proffering the evidence. What does this refer to?

Answer 88

Offer of Proof by Oral Testimony

Question 89

A lawyer may read into evidence, in narrative form, what the testimony would have been if the witness had been able to testify. What does this refer to?

Answer 89

Offer of Proof by Offer by counsel

Question 90

An exhibit has been properly marked and authenticated, if necessary, is admitted as an ______ ____ _____.

Answer 90

offer of proof

Question 91

If the expert had repaired a report, the report could be tendered as documentary evidence for her findings. What does this refer to?

Answer 91

Offer of proof.