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MMLU / A plaintiff sued a defendant in federal court for assault and battery. At trial,…

Problem

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question

A plaintiff sued a defendant in federal court for assault and battery. At trial, the court has allowed the plaintiff to introduce the deposition testimony of a witness, now deceased, that he was with the plaintiff at the time of the incident. The defendant now seeks to impeach the testimony of the witness with his 13-year-old conviction for burglary (for which he served 18 months in prison) for breaking into the home of a neighbor while she was away and taking some of her valuable jewelry. Should the court allow evidence of the conviction?

choices

  1. No, because the witness did not testify at trial.
  2. No, unless the court finds, in the interests of justice, that the probative value of the conviction, supported by specific facts and circumstances, substantially outweighs its prejudicial effect.
  3. Yes, because prior convictions are probative to impeach the witness's character for truthfulness.
  4. Yes, because the crime involved an act of dishonesty.

subject

professional_law

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Source and history

task_id
0dbba17d-b41c-5c8d-9df6-6c4944069724
task_key
all--test--0dbba17d-b41c-5c8d-9df6-6c4944069724
task_revision_id
1
config / split
all / test

Official source

initial import