Question: How have the courts blurring of the line between credit and issue affected the law concerning collateral issues and the finality rule? Is there need for reform?
Answer: Cross & Tapper offer an authoritative and well-cited definition of the finality rule: that in general “answers given by a witness to questions put to him in cross-examination concerning collateral facts must be treated as final.” Though the answers need not be accepted as true, the cross-examiner may not go behind the answers and contradict them by other evidence. It is only where cross-examination goes to a fact in issue that the cross-examining party may call rebuttal evidence. Thus the critical issue in questions concerning the application of the rule, is whether the cross-examination goes to the issue in hand (no application) or simply concerns a collateral matter, typically the credit of the witness (and the rule applies)....(short extract)
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- Subject: Law
- Course: Law of Evidence
- Level: Degree
- Year: 2nd/3rd
- Mark: 68%
- Words: 3493
- Date submitted: February 10, 2009
- Date written: February, 2004
- References: Yes
- Document type: Essay*
- Essay ID: 727
