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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?
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
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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? 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."1 Though the answers need not be accepted as true,2 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.3 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...
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