Contradiction - Next Generation Bar Exam
- Which rules govern impeachment by contradiction, given that the Federal Rules contain no specific provision?
- The general relevance rules, FRE 401 through 403, and the court's control of interrogation under FRE 611. Courts continue to apply the common-law collateral-matter rule through Rule 403.
- Under Walder v. United States and United States v. Havens, when may illegally obtained evidence be used against a testifying defendant?
- To impeach the defendant's testimony on direct or answers to proper cross-examination. The evidence remains inadmissible in the prosecution's case-in-chief.
- What is the doctrine of opening the door?
- A party's introduction of evidence on a subject may permit the opponent to respond with otherwise inadmissible evidence on that subject. The responsive evidence must be reasonably necessary to correct a misleading impression.
- How does impeachment by contradiction differ from impeachment by prior inconsistent statement?
- Contradiction uses other evidence of the fact; a prior inconsistent statement uses the witness's own earlier words. Different foundation rules apply, including Rule 613 for prior statements.
- What is impeachment by contradiction?
- Showing that a fact the witness testified to is not true. Contradiction may be shown through cross-examination or, in some cases, through other evidence.
- Which matters are not collateral and so may be contradicted by extrinsic evidence?
- Facts relevant to substantive issues, and facts showing bias, interest, or lack of capacity. These matters bear on the case or the witness's credibility independently of the contradiction.
- A witness to a robbery testifies that she was wearing a blue dress that day. The opponent offers a photograph showing she wore red, which has no other relevance. How should the court rule?
- Exclude the photograph, because the color of her dress is collateral. Extrinsic evidence may not contradict a witness on a matter relevant only to contradiction.
- What test identifies whether a matter is collateral?
- Whether the contradicting fact could be shown for any purpose other than contradicting the witness. Facts relevant to the merits or to another ground of impeachment, such as bias, are not collateral.
- A defendant testifies on direct that he has never possessed drugs. The prosecution offers drugs found in his car in a search that was suppressed. For what purpose may the drugs be admitted?
- To impeach the defendant's testimony by contradiction. Under Walder, illegally obtained evidence may be used to contradict a defendant's false statements on direct.
- What does the collateral-matter rule provide for impeachment by contradiction?
- Extrinsic evidence may not be used to contradict a witness on a collateral matter; the examiner must take the answer. The rule saves time and avoids distracting the jury with minor details.