Bias and interest - Next Generation Bar Exam

1. How does impeachment for bias differ from impeachment by character for untruthfulness?

   Bias shows a specific reason to lie in this case; character shows a general disposition to lie. The difference determines which rules, such as Rule 608(b), apply.

2. What is the status of a testifying expert's compensation from the party calling the expert?

   It is admissible to show bias. The amount and any pattern of testifying for one side may be explored on cross-examination.

3. What limit does FRE 608(b) place on extrinsic evidence offered to show bias?

   Rule 608(b) imposes no limit, because it governs only evidence offered to attack character for truthfulness. Bias is a separate ground of impeachment.

4. Under Davis v. Alaska, what may a criminal defendant cross-examine a prosecution witness about despite a state rule protecting juvenile records?

   The witness's juvenile probation, to show a motive to shift blame or curry favor. The Confrontation Clause guarantees the right to expose a prosecution witness's bias.

5. What foundation do many federal courts require before admitting extrinsic evidence of bias?

   Asking the witness about the facts showing bias and giving the witness a chance to explain or deny them. The Federal Rules do not expressly require a foundation, but courts commonly impose one.

6. What does impeachment for bias show?

   That the witness has a reason to favor or disfavor a party, such as a relationship, financial interest, or hostility. Bias suggests the witness may be shading testimony in this case.

7. What is the status of extrinsic evidence of a witness's bias?

   It is admissible, because bias is never a collateral matter. Many courts require that the witness first be given a chance to explain or deny the facts.

8. A prosecution witness has criminal charges pending in the same county. On what ground may the defense cross-examine him about the charges?

   To show bias, through his motive to curry favor with the prosecution. Pending charges suggest an interest in pleasing the prosecutor, whether or not any deal exists.

9. For what purpose may evidence of a settlement or compromise be admitted despite FRE 408?

   To prove a witness's bias or prejudice. Rule 408 bars such evidence only when offered to prove or disprove the validity or amount of a disputed claim.

10. Under United States v. Abel, what is the status of evidence that a witness and a party belong to an organization whose members swear to lie for one another?

    It is admissible to show bias. Its tendency also to show bad character does not make it inadmissible for the proper purpose of bias.

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