Chapter 14
Putting Witnesses on Stand
Chapter 15
Examining
Chapter 16
Refreshing
Chapter 17
Impeaching
Chapter 18
Prior Inconsistent Statements
100
The presiding judge (hint: competence to testify)
Who is never competent to testify?
100
Parties (if a natural person); Designated representative of a corporate or organizational party; Witness essential for preparation/presentation of case; Person authorized by statute to be present
What are parties that cannot be excluded by the court (judge)?
100
Requirement that witness states: she does not remember the answer to the question and seeing the writing will “refresh” her recollection
What is needed before a document can be used to refresh a witness's memory?
100
Show impaired perception or memory; Demonstrate inconsistencies; Attack a witness’s character for truthfulness
What are some grounds for impeachment?
100
Non-extrinsic evidence on a non-collateral matter related to a witness's prior inconsistent statements
What is the preferred way for attorneys to introduce evidence of a witness's prior inconsistent statements?
200
Competence; Perception, Memory & Narration; Understanding the importance of telling the truth
What are the capacities of witness testimony?
200
The subject of direct examination and witness credibility
What is the scope of cross-examination?
200
When an the examining attorney must ask whether the writing has refreshed the witness's recollection.
What is after a witness reviews the writing?
200
Any party may attack the credibility of any witness (hint: true or false)
What is true - the basic premise under the federal rules of evidence for impeaching witnesses?
200
Extrinsic evidence
What is anything outside of the testimony provided by the witness on the stand?
300
Any person is competent to testify
What is true - a basic premise under the federal rules?
300
Questions that are allowed when necessary to develop the witness’s testimony and/or in response to a hostile witness or adverse party
What are leading questions?
300
The person (party) who can introduce a writing used to refresh recollection into evidence regardless of admissibility
What is the adverse party?
300
A witness who has a reason to testify in favor of or against a party
What is a witness's potential bias?
300
Extrinsic evidence on a collateral matter related to a witness’s prior inconsistent statements.
What is the least preferred (prohibited) method for how attorneys can introduce evidence of a witness's prior inconsistent statements?
400
Experiencing a matter related to the case firsthand (as an eyewitness or indirectly/circumstantial)
What is needed to establish personal knowledge?
400
Questions that suggest a certain answer and undermine witness credibility and personal knowledge
What are leading questions?
400
The purpose(s) for which a jury can use a writing that was used to refresh a witness's memory
What is to assess the witness's credibility?
400
Asking a witness questions for the purpose of "finishing the story."
What is a common tactic of impeachment?
400
Discrepancies between a witness’s courtroom statements and statements she made outside of the courtroom.
What is the definition of prior inconsistent statements?
500
Demonstration of an ability to tell the truth and appreciation for the consequences of lying in court.
What a witness must do before testifying?
500
Witness perception, memory and recall (narration).
What is needed to establish personal knowledge?
500
The person (party) who decides when an attorney can use a document to refresh a witness's memory
What is the judge?
500
A attorney who attempts to impeach a witness is creating doubt about that person's credibility (hint: true or false)
What is true - a basic premise of the federal rules of evidence for impeachment?
500
A matter that is only relevant to a fact in evidence since it just attacks a witness’s credibility and does not help establish a fact of consequence.
What is a collateral matter?
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