Witnesses

Question 1

in an inquiry into the validity of a verdict or indictment, a juror may only testify about

Answer 1

extraneous prejudicial imporperly brought to jur’s attention

• improper outside influence on any juror
• mistake in entering the verdict on the verdict sheet

Question 2

dead man’s statutes

Answer 2

common law (abandoned by FRE)
any financially interested Ws are disqualified from testifying in civil suits abt any conversations or transactions w the decedent

Question 3

a W’s credibility may be attacked or supported by

Answer 3

reputation for truthfulness or untruthfulness
and ONLY after reputation ev has been offered:
opinions about character trait of truthfulness or untruthfulness

Question 4

ev of spec acts going to W’s character for truthfulness or untruthfulness are/ arent allowed

Answer 4

are allowed on cross if the ct thinks they’re probative

Question 5

collateral matter doctrine

Answer 5

if W lies about the credibility issue on xexam, counsel can’t prove the lie with extrinsic ev and must accept the answer.
-ex: W says she graduated from yale. if on cross, counsel can’t get her to say she didn’t, counsel can’t offer ev from yale that she never went there

Question 6

FRE: impeachment by prior convictions

felony

Answer 6

if over 10y old, must be substantially more probative than prejudicial

if under 10yo, requires R 403 balancing

Question 7

FRE: impeachment by prior convictions

crime of dishonesty

Answer 7

if over 10yo, must be substantially more probative than prejudicial

if under 10yo, admissible as a matter of right

Question 8

juvenile adjudications only admissible to impeach where

Answer 8

crim case
it’s of a W not D
would be admissible if it was and adult thing
it’s necessary to fairly determine guilt or innocence

Question 9

random: standard on appeal

Answer 9

in the light most favorable to the non-appealing party

Question 10

writing used to refresh a W’s memory is allowed when

Answer 10

W has some knowledge of the purported testimony, memory is incomplete

• proper foundation has been laid
• W may refresh memory, then must testify without having the ev present

Question 11

extrinsic ev of a W’s prior inconsistent statement is admissible when

Answer 11

W is given an opp to explain or deny the statement and adverse party is given opp to examine W about it, if justice so requires