Search results
Results from the WOW.Com Content Network
In the majority of U.S. jurisdictions, prior inconsistent statements may not be introduced to prove the truth of the prior statement itself, as this constitutes hearsay, but only to impeach the credibility of the witness. However, under Federal Rule of Evidence 801 and the minority of U.S. jurisdictions that have adopted this rule, a prior ...
In the United States federal courts, a cross-examining attorney is generally limited by Rule 611 of the Federal Rules of Evidence to the "subject matter of the direct examination and matters affecting the witness's credibility". The rule also permits the trial court, in its discretion, to "allow inquiry into additional matters as if on direct ...
Falsus in uno, falsus in omnibus is a Latin [2] maxim [3] meaning "false in one thing, false in everything". [4] At common law, it is the legal principle that a witness who falsely testifies about one matter is not credible to testify about any matter. [5]
One important rule that applies to the expert witness but not the percipient witness is the exception to the hearsay rule. A percipient witness tells only what he/she actually knows about a case and nothing more. Percipient witnesses cannot give opinions nor conjecture regarding a hypothetical set of conditions. [6]
An expert witness is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally rely upon the witness's specialized (scientific, technical or other) opinion about an evidence or fact issue within the scope of his ...
The rule excluding hearsay arises from a concern regarding the statement's reliability. Courts have four principal concerns with the reliability of witness statements: the witness may be lying (sincerity risk), the witness may have misunderstood the situation (narration risk), the witness's memory may be wrong (memory risk), and the witness's perception was inaccurate (perception risk). [8]
The bulk of the law of evidence regulates the types of evidence that may be sought from witnesses and the manner in which the interrogation of witnesses is conducted such as during direct examination and cross-examination of witnesses. Otherwise types of evidentiary rules specify the standards of persuasion (e.g., proof beyond a reasonable ...
Although Rule 610 provides that evidence of a witness's "religious beliefs or opinions is not admissible to attack or support the witness's credibility," an inquiry into the witness's religious beliefs or opinions for the purpose of showing interest or bias because of them is not within the rule's prohibition. [3]