A prior inconsistent statement may be used:

A For any purpose

B To impeach a witness and as substantive evidence if given under oath at a prior proceeding

C Only by the prosecution

D Never in court

✓ Correct Answer: Option B

Prior inconsistent statement: always available for impeachment. Under FRE 801(d)(1)(A), it is also admissible as substantive evidence if given under oath at a prior proceeding.

💡 Why is B) the correct answer?

The correct answer to the question "A prior inconsistent statement may be used:" is Option B: To impeach a witness and as substantive evidence if given under oath at a prior proceeding.

The other options — A) For any purpose, C) Only by the prosecution, D) Never in court — are incorrect for this BAR Exam Prep question. As explained above: Prior inconsistent statement: always available for impeachment. Under FRE 801(d)(1)(A), it is also admissible as substantive evidence if given under oath at a prior proceeding.

📚 About This BAR Exam Prep Practice Question

This 3-level BAR Exam Prep question from the Evidence topic is part of BrainForge Quiz's free exam preparation library. Each question includes the correct answer and a detailed explanation to help you understand the underlying concept, not just memorize the answer.

How to use this page: Read the question above, consider all four options (A through D), then check the highlighted correct answer and explanation. For active timed practice, start a free BAR Exam Prep practice test or use flashcards for spaced repetition review.

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A prior inconsistent statement may be used:

✓ Correct Answer: Option B

📚 About This BAR Exam Prep Practice Question

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