Question 1

Discuss the three situations when jurors are allowed to testify about events inside the jury room.

Accepted Answer

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Question 2

Explain the difference between impeachment using intrinsic evidence and impeachment using extrinsic evidence.

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Question 3

What two conditions must be satisfied to impeach a witness other than the accused based on the criminal conviction of the witness?

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Question 4

Explain the requirement under the Federal Rules of Evidence for admissibility under past recollection recorded.

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Question 5

Under the California Evidence Code, you can be disqualified to be a witness if you are incapable of understanding a witness's duty to tell the truth.

Accepted Answer

Under the California Evidence Code, a person can be disqualified from being a witness if they are incapable of expressing themselves concerning the matter so as to be understood by the court or incapable of understanding the duty of a witness to tell the truth.

Question 6

The general premise is that a witness is not competent to testify until proven competent.

Accepted Answer

The general rule is that a witness is presumed competent to testify unless it can be shown otherwise. Competency is generally assumed unless challenged and proven otherwise.

Question 7

A witness testifying based on his or her personal knowledge must be absolutely certain about the accuracy of his or her testimony for the testimony to be allowed during a trial.

Accepted Answer

A witness is not required to be absolutely certain about their testimony; they must testify to their personal knowledge and belief about the facts to which they are attesting, which can include uncertainties or estimations.

Question 8

The party calling the witness has the burden of persuading the judge that the witness is competent to testify.

Accepted Answer

The party calling the witness must demonstrate to the judge that the witness possesses the necessary competence, which includes understanding the obligation to tell the truth and the ability to perceive, recall, and communicate about the events in question.

Question 9

Federal Rule 601 provides special standards for a jury to apply when weighing the testimony of a child witness.

Accepted Answer

Federal Rule of Evidence 601 does not provide special standards for a jury to apply when weighing the testimony of a child witness; instead, it states that every person is competent to be a witness unless these rules provide otherwise, without specifying different standards for children.

Question 10

The U.S. Supreme Court has declared unconstitutional a state law that absolutely prohibited the use of hypnotically refreshed evidence, stating that the statute unconstitutionally interferes with a defendant's right to testify in his or her own defense.

Accepted Answer

The U.S. Supreme Court in Rock v. Arkansas (1987) ruled that a state law banning hypnotically refreshed testimony was unconstitutional as it infringed on a defendant's right to testify.

Question 11

A judge may be called to testify as a witness in a trial the judge is presiding over.

Accepted Answer

A judge presiding over a trial cannot be called to testify as a witness in that trial due to conflict of interest and the need to maintain judicial impartiality.

Question 12

All states recognize spousal competence to testify against one's spouse, but the federal government does not.

Accepted Answer

All states and the federal government recognize some form of spousal privilege, which can allow a spouse to refuse to testify against their partner in certain circumstances, but the specifics can vary by jurisdiction.

Question 13

A witness's felony conviction cannot be used to impeach his or her credibility.

Accepted Answer

A witness's felony conviction can be used to impeach their credibility, as it may suggest to the court that the witness is less trustworthy or has a propensity for dishonesty.

Question 14

Five years ago, Mary was convicted of possession with intent to distribute cocaine, a felony. The prosecutor wishes to call Mary as a witness in a case against Mary's previous boyfriend. Applying the current U.S. Supreme Court's position, Mary will be deemed incompetent to testify as a witness.

Accepted Answer

The U.S. Supreme Court has ruled that a witness's competency to testify is not automatically negated by a criminal conviction. Instead, the credibility of the witness may be challenged based on their criminal history, but it does not render them incompetent to testify.

Question 15

According to the U.S. Supreme Court, a person's mental incapacity will not automatically disqualify him or her from testifying as a witness at trial.

Accepted Answer

The U.S. Supreme Court has ruled that mental incapacity alone does not automatically disqualify a person from testifying; the key consideration is whether the person can understand the obligation to testify truthfully and can communicate relevant information.

Question 16

Under the Federal Rules of Evidence, parties are prohibited form impeaching their own witnesses.

Accepted Answer

Under the Federal Rules of Evidence, specifically Rule 607, any party has the right to impeach a witness, including one they have called to testify.

Question 17

While five principle forms of impeachment are identified, not all five are covered in the Federal Rules of Evidence.

Accepted Answer

The Federal Rules of Evidence cover some, but not all, forms of impeachment, focusing on those relevant to legal proceedings.

Question 18

A witness can be impeached through the use of either intrinsic or extrinsic evidence.

Accepted Answer

A witness can be impeached (challenged for credibility) using intrinsic evidence (evidence contained within the witness's own testimony) or extrinsic evidence (additional evidence such as documents or other witnesses' testimonies) to demonstrate inconsistencies or falsehoods in their statements.

Question 19

The Federal Rules of Evidence explicitly address bias as a form of impeachment.

Accepted Answer

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Question 20

There are two types of bias that can give rise to impeachment.

Accepted Answer

There are two types of bias that can give rise to impeachment: high crimes and misdemeanors.

Quiz 5: Witnesses