ND Bar Practice Questions - North Dakota Bar Examination Exam

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A witness testifies. On cross-examination, opposing counsel seeks to impeach her with a prior felony conviction for fraud that is eight years old. Under FRE 609, the conviction is:

Automatically inadmissible because it is more than five years old Admissible because crimes involving dishonesty or false statement are admissible for impeachment regardless of the felony balancing test Inadmissible because only the defendant's convictions may be used Admissible only with the witness's consent

Correct Answer:

Admissible because crimes involving dishonesty or false statement are admissible for impeachment regardless of the felony balancing test

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