Crucial Exams

Multistate Bar Examination Practice Question

During a car accident case, the plaintiff’s key witness testifies under oath that they saw the defendant speed through a red light at the intersection. The defendant’s counsel seeks to introduce a written affidavit from the witness, signed two days after the accident, in which the witness stated they had not seen the color of the traffic light but heard someone else say it was red. How should the court rule on admitting the affidavit to challenge the witness's in-court testimony?

  • The affidavit should be excluded because a witness cannot be impeached with their own written statements.

  • The affidavit should be excluded as inadmissible hearsay because it contains a factual claim about the traffic light’s color.

  • The affidavit should be admitted to impeach the witness's credibility by showing inconsistency in their statements.

  • The affidavit should be allowed as substantive evidence to show that the witness did not see the traffic light.

Multistate Bar Examination
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