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). However, the courts have proven this to be ......(short extract)
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Details: - Mark: 67% | Course: Law of Evidence | Year: 2nd/3rd | Words: 3493 | References: Yes | Date written: April, 2003 | Date submitted: October 20, 2008 | Coursework ID: 151
