Monday audio. My hope is that we will finish Impeachment next Tuesday (Oct. 15), in which case the Prelim Exam will be posted that afternoon and due on Oct. 22. We have one class to make-up, which we will do on Monday, November 4.
Prep the remaining sections of Impeachment: Character and PIS.
We will begin with the last step in the 608 process involving Tom, Ira, and Andrew. Spend some time on the structure of the pieces of FRE 608 and how this impeachment operates. Consider ## 75, 76, 78, and 79 together as different paths on the same issue; we will go through it in a slightly different order. Consider who each witness in the problems corresponds to. What must the proponent show to admit a specific instance of conduct under 608(b) and which rule (104(a) or (b)) guides that? What sorts of acts are probative of truthfulness or untruthfulness? What is the inference at work in FRE 609? What is the order for analyzing FRE 609(a), in terms of the elements to consider and when? Work the rule.
What is the difference between contradiction and prior inconsistent statement? Given FRE 613, why might the difference matter? Does FRE 613(b) prohibit extrinsic evidence of a prior inconsistent statement? Consider the collateral/non-collateral line as you work those problems.
