Witnesses & Impeachment

Question 1

What is the competence requirement?

Answer 1

person who has personal knowledge of the matter & willing to give oath to testify truthfully

Question 2

What are the basis for impeachment?

Answer 2

truthfulness, bias, ability to perceive or testify accurately, contradictory prior statement, or another witness

Question 3

When can you use truthfulness as an impeachment tactic?

Answer 3

AFTER witness truthful character is directly attacked

Question 4

How can you use character witness?

Answer 4

Introduce to testify that target witness is dishonest through

opinion or reputation testimony

Question 5

Who can not be a witness at trial?

Answer 5

Juror at the trial they are sitting in
judge at the trial thy are pressing in

Question 6

What is a dead man statute?

Answer 6

protects decedents estate from parties with financial interest in the estate

no applicable in criminal cases may be waived in civil

Question 7

Prior Inconsistent Statement

Answer 7

Admissible to impeach

Witness must have a chance to explain or deny statement

Question 8

What is sensory incompetence and how is it used?

Answer 8

To show that their is deficient in person capabilities to perceive or recall

Question 9

what is rehabilitation of witness?

Answer 9

means to credit the witness after impeachment

• allow them to explain or clarify
• offer opinion reputation evidence about their truthfulness
• offer prior consistent statement to rebut the witness lied

Question 10

Can religious beliefs be used to impeach?

Answer 10

not to the credibility but can be used to show bias

Question 11

What is recollection refreshed and what are the requirements?

Answer 11

witness may exmaineany items o referee present recollection

adverse party may inspect item and it may be redacted by court

testimony must be based on refreshed memory

Question 12

When is witness opinion testimony okay?

Answer 12

rationally based on witness perception
helpful to clear understanding of their testimony
not based on scientific, techncial or special knowledge.

Question 13

What is expert testimony?

Answer 13

subject matter is scientific, technical or special, that helps trier of fact understand the evidence of determine fact at issue

Question 14

How to qualify an expert?

Answer 14

by knowledge, skill training, education, experience
testimony based on sufficent facts or data
testimony is product of reliable principles and methods are relate to fact and
there is reasonable degree of certainty

Question 15

May an expert speak to the ultimate issue

Answer 15

Generally yes, unless it is about criminal defendants mental state

Question 16

May a witness be paid?

Answer 16

expert may be paid

other may not outside what is reasonable for expenses incurred of witness testimony, can not be contingent on quality of testimony

Question 17

What character evidence can be introduced through intrinsic or extrinsic evidence?

Answer 17

specific instances of witness conduct through convictions of crime dishonesty or felony

Question 18

When can you use a criminal conviction to impeach?

Answer 18

for a crime of dishonesty or for felony conviction.

if a felony conviction not involving dishonesty, it cant be more than 10 years old and the witness is not a criminal defendant

Question 19

When will prior conviction be inadmissible?

Answer 19

its if probative value is substantially outweighed by its prejudicial effect OR

there was a pardon or annulment, or certificate of rehabilitation