Religious belief or opinion - Next Generation Bar Exam

  1. What is the status under FRE 610 of evidence that a witness is an atheist, offered to suggest the witness is less truthful?
    It is inadmissible, because Rule 610 bars any inference about truthfulness drawn from religious belief or its absence. Lack of belief is treated the same as belief.
  2. A prosecutor asks a defense witness whether her religion forbids lying, to bolster her testimony when the defense later calls her. How should the court rule on an objection?
    Sustain it under FRE 610. Religious belief may not be used to support credibility either.
  3. For what purpose may evidence of a witness's religious affiliation be admitted despite FRE 610?
    To show bias or interest, such as membership in a church that is a party. Rule 610 bars only the inference that beliefs affect truthfulness.
  4. Under FRE 610, what evidence is inadmissible to attack or support a witness's credibility?
    Evidence of the witness's religious beliefs or opinions. The rule prevents inferences about truthfulness based on faith or its absence.
  5. A witness is a member of the church that is the defendant in a negligence suit. For what purpose may the plaintiff show this membership?
    To show the witness's bias. The evidence is offered for interest, not to suggest beliefs affect honesty.
  6. What is the relationship between FRE 610 and the oath requirement of FRE 603?
    A witness may affirm instead of swearing, and the choice may not be used to attack credibility. Both rules protect witnesses from credibility judgments based on religion.

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