Religious belief or opinion - Next Generation Bar Exam
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.