Impeachment Flash Cards 2013

Front 1

Impeachment by Contradiction

Back 1

--if matter is material, can use EE.

--if matter is collateral, can't use EE.

Front 2

Impeachment via misdemeanor not involving dishonesty

Back 2

inadmissible.

Front 3

Impeachment by Bias or Motive

Back 3

Foundation: must be asked about it first, with opp to explain or deny before EE introduced.

(usually used for Policy (insurance, settlement offer) exclusions..remember you need Opp to Deny/explain)

Front 4

Impeachment by ANY crime involving dishonesty

Back 4

Court has no discretion to bar. Must come in.

Front 5

Impeachment by Felony not involving dishonesty

Back 5

if D: probative value must substantially outweigh prejudicial effect.

If W: normal 403.

Front 6

Impeachment by Prior Inconsistent Statement

Back 6

--cross examination, or by EE

--EE requires foundation (explain/deny),

--no EE allowed if collateral matter

--if hearsay declarant, no foundation (explain/deny) just let in.

--if PIS under oath --> to prove and impeach

(CEC: whether under oath or not can prove and impeach)

Front 7

Limitations

Back 7

--more than 10 years from date of conviction or date of release (whichever later) --> inadmissible.

--juvenille convictions = inadmissible.

--conviction obtained in violation of CTT

--pardoned based on innocence or pardoned and person doesnt commit a crime again.

Front 8

Foundational requirements by impeachment by conviction

Back 8

Can be shown by direct, cross-examination of W, or by simply introducing record of judgement.

Front 9

Impeachment by Specific Instances of Conduct

Back 9

--Must be probative of truthfulness

--can use OT/RT that are probative of truthfulness

--CANNOT use EE.

Front 10

Sensory Deficiences

Back 10

EE admissible,

or on cross examination (eliciting)

Front 11

Prior Consistent Statement

Back 11

admissible only if credibility attacked.

must be made before motive to lie arose.

Front 12

California: Crime of Moral Turpitude

Back 12

lying

violence

theft

extreme recklessness

sexual misconduct

(scienter stuff, not negligence stuff)

Front 13

California: Felonies

Back 13

Moral Turpitude Felony: Admissible, subject to 352.

Non-moral turpitude felony: Inadmissible.

Front 14

California: Misdemeanors

Back 14

ONLY allowed in CRIMINAL cases,

and must be misdemeanor of moral turpitude (due to prop 8)

Front 15

California:

Impeachment via Specific Instances of Conduct

Back 15

CEC kills it, Prop 8 revives it for Criminal cases (if involves moral turpitude). And can use EE.