science

Prior consistent statements and prior inconsistent statements

Prior consistent statements and prior inconsistent statements is a science topic covered in the lgStudy science library. This page brings together a partial reference excerpt, illustrations, worked examples, real-world applications and a short study plan, so you can understand Prior consistent statements and prior inconsistent statements rather than just read about it. In short: Prior consistent statements and prior inconsistent statements, in the law of evidence, occur where a witness, testifying at trial, makes a statement that is either consistent or inconsistent, respectively, with a previous statement given at an earlier time such as during a discovery, interview, or interrogation. The examiner can impeach the witness when an inconsistent statement is found, and may conversely bolster…

Key takeaways

Prior consistent statements and prior inconsistent statements belongs to science; place it in that map before memorising details.
Learn the definition first, then one example that makes the definition concrete.
Connect Prior consistent statements and prior inconsistent statements to a quantity you can measure, compute or draw — that is where exam questions come from.
Reproduce the core statement of Prior consistent statements and prior inconsistent statements from memory before moving on to harder problems.

Reference excerpt

Prior consistent statements and prior inconsistent statements, in the law of evidence, occur where a witness, testifying at trial, makes a statement that is either consistent or inconsistent, respectively, with a previous statement given at an earlier time such as during a discovery, interview, or interrogation. The examiner can impeach the witness when an inconsistent statement is found, and may conversely bolster the credibility of an impeached witness with a prior consistent statement.

Impeachment with a prior inconsistent statement Before the witness can be impeached the examiner must have extrinsic evidence of the prior statement. The examiner must also provide the witness with the opportunity to adopt or reject the previous statement. In the majority of U.S. jurisdictions, prior inconsistent statements may not be introduced to prove the truth of the prior statement itself, as this constitutes hearsay, but only to impeach the credibility of the witness. However, under Federal Rule of Evidence 801 and the minority of U.S. jurisdictions that have adopted this rule, a prior inconsistent statement may be introduced as evidence of the truth of the statement itself if the prior statement was given in live testimony and under oath as part of a formal hearing, proceeding, trial, or deposition.

Note that under California Evidence Code ("CEC") §§769, 770, and 1235, prior inconsistent statements may be used for both impeachment and as substantive evidence, even if they were not originally made under oath at a formal proceeding, as long as "the witness was so examined while testifying as to give him an opportunity to explain or to deny the statement."

Bolstering with a prior consistent statement A prior consistent statement is not a hearsay exception; the FRE specifically define it as non-hearsay. A prior consistent statement is admissible:

to rebut an express or implied charge that the declarant recently fabricated a statement, for instance, during her testimony at trial; the witness testifies at the present trial; and the witness is subject to cross-examination about the prior statement. There is no requirement that the prior consistent statement have been made under oath at a prior trial or hearing. A form of prior consistent statement excepted from this rule is that of prior identification by the witness of another person in a lineup.

References

Worked examples

Example 1 — a first encounter with Prior consistent statements and prior inconsistent statements

Start with the simplest possible case. Write down what Prior consistent statements and prior inconsistent statements claims or describes in one sentence, then invent the smallest concrete situation in which that sentence is true. In science, the smallest case is usually a single object, a single equation or a single measurement. Check that every symbol or term in your sentence has a meaning in that case.

Example 2 — changing one variable

Take the situation from Example 1 and change exactly one quantity: double it, halve it, or set it to zero. Predict what should happen to Prior consistent statements and prior inconsistent statements before you calculate. Comparing your prediction with the result is the fastest way to find out whether you understand the idea or only the words.

Example 3 — an exam-style question

Typical questions about Prior consistent statements and prior inconsistent statements ask you to (a) state it precisely, (b) apply it to given data, and (c) explain a limitation. Practise writing all three answers in under five minutes; the third part is what separates a full-mark answer from an average one.

Applications of Prior consistent statements and prior inconsistent statements

In research: Prior consistent statements and prior inconsistent statements appears in science research whenever the underlying quantities have to be modelled precisely. Papers usually cite it as a starting assumption and then explore where it breaks down.
In technology and industry: Engineering practice reuses Prior consistent statements and prior inconsistent statements in design rules, simulations and safety margins. Knowing the idea lets you read a specification sheet and understand why the numbers look the way they do.
In the classroom: Prior consistent statements and prior inconsistent statements is common in secondary-school and first-year university syllabi. It links to neighbouring topics Evidence law, Law stubs, Statements, so understanding it makes those chapters shorter.
In everyday life: Look for Prior consistent statements and prior inconsistent statements outside the textbook — in sport, cooking, traffic, electronics or the sky above you. An example you found yourself is remembered far longer than one you were given.

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How to study Prior consistent statements and prior inconsistent statements in 20 minutes

Read the reference excerpt below once, without taking notes.
Close the page and write down what Prior consistent statements and prior inconsistent statements means in your own words.
Compare your version with the excerpt and mark what you missed.
Work through the three examples above with pen and paper.
Explain Prior consistent statements and prior inconsistent statements out loud to somebody else — or to Teacher Smith in the lgStudy chat.

Frequently asked questions

What is Prior consistent statements and prior inconsistent statements in simple terms?

Why does Prior consistent statements and prior inconsistent statements matter?

Because it connects several science ideas at once: it gives you a definition you can apply, a quantity you can calculate, and a way to check whether a result is plausible.

How should I study Prior consistent statements and prior inconsistent statements?

Read the excerpt, restate it from memory, then work through the examples and applications listed on this page. The five-step study plan above takes about twenty minutes.

What does this page cover?

It gives you a compact reference excerpt plus original lgStudy explanations, examples, applications and study material on Prior consistent statements and prior inconsistent statements.