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MMLU / In a suit between a plaintiff and a defendant arising out of an automobile…

Problem

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question

In a suit between a plaintiff and a defendant arising out of an automobile accident, a bystander wascalled to the stand to testify that the defendant had driven through a red traffic light immediately before the collision. On cross-examination by the defense, the bystander admitted to having made a prior statement to a friend that he was not sure if the traffic signal was yellow or red when the defendant drove through the intersection. The trial judge should

choices

  1. permit the jury to consider the prior statement as substantive evidence.
  2. permit the defendant to call other witnesses to confirm the fact that the prior statement had been made.
  3. on request by the defendant, instruct the jury that the bystander's testimony that the defendant had driven through the red light bedisregarded.
  4. on request by the plaintiff, instruct the jury that the prior statement may be used only toimpeach the bystander's credibility, and not as substantive evidence.

subject

professional_law

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