7) Authentication + Identification

Question 1

901: authentication rule

Answer 1

1) need to authenticate in order to admit
2) authenticate = evidence sufficient to support a finding (ie, reasonable juror could find) that matter in question is what proponent claims it to be
3) result: judge must admit

Question 2

kinds of evidence:

Answer 2

1) testimonial

2) tangible

Question 3

kinds of tangible evidence

Answer 3

1) real: actually connected to the case

2) demonstrative: relevance depends on ability to explain or simulate material facts in case

Question 4

examples of documentary evidence

Answer 4

writings
recordings
xrays
photos
computer printouts
self-authenticating docs

Question 5

demonstrative evidence: foundation needed

Answer 5

1) exh must assist trier of fact +
2) fairly and accurately represent the scence
3) wit must be substantially familiar w the items shown

Question 6

real evidence; Foundation needed

Answer 6

1) personal knowledge shoing familiarity w the object OR
2) distinctive chs (gun w initials)
3) chain of custody (inc account for any change in evidence)

Question 7

photograph: test (903)

Answer 7

ust be fair and accurate portrayal of what it depicts

photographer/xray tech need not testify – wit only needs to be familiar w the scene

Question 8

document: who can authenticate/identify

Answer 8

person w first-hand knowledge, like:

1) custodian (wit must be substantially familiar)
2) person who prepared the doc or report
3) eyewitness to signing of doc
4) opinion by expert re handwriting, fingerprints, etc
5) or by jury, comparing samples

Question 9

how to authenticate handwriting

Answer 9

1) layperson familiar w the writing
2) comparison by expert
3) comparison by trier of fact

Question 10

“familiarity”: caveats

Answer 10

can’t be acquired for purpose of litigation

Question 11

how to authenticate voices

Answer 11

when have a recording must authenticate all voices

• -usu wit who recognizes voice
• -can inc external factors instead (time/etc of radio transmission)
• -just saying your name not enough

Question 12

how to authenticate: phone calls

Answer 12

whoing that the call is made TO or FROM the assigned # = we assume to that person

if a business, assumed that call was made to business + that convo related to business

Question 13

experts 901(b)(9)

Answer 13

evidence re accuracy of process or system is required – can authenticate under Daubert

Question 14

self-authentication: result

Answer 14

automatically authentic WITHOUT a need for a foundation witness

Question 15

self-authetnication: categories: mnemonic

Answer 15

CONTAC

Question 16

self-authentication: categories: list

Answer 16

1) Certified docs
2) Official publications
3) Newspapers
4) Trade inscriptions
5) Acknowledged docs
6) Commercial paper

Question 17

self-authentication: certified docs: def

Answer 17

1) bearing seal of US or sub-gvt
2) certified doc w/o seal if public officer certifies under seal
3) certified foreign docs (but need genuineness of sig + person’s official position)
4) certified copies of public records (certified by custodian)

Question 18

self-authentication: official publications

Answer 18

book, pamphlet, or other publication issued by a public authority

Question 19

self-authentication: newspapers

Answer 19

and periodicals

Question 20

self-authentication: trade inscriptions: def

Answer 20

signs, tags, or labels affixed in the ordinary course of business indicating ownership, control, or origin

Question 21

self-authentication: acknowledged docs

Answer 21

notarized docs, ie documents accompanied by a certificate of ack executed in manner provided by law
(but could be excluded if hearsay)

Question 22

self-authentication: commercial paper

Answer 22

negotiable instrumens, bills of lading. UCC governs what sigs needed

Question 23

authetnicating a writing: tmony of subscribing wit 903

Answer 23

NOT needed unless req’d by laws of governing j

Question 24

overall admissibility framework: mnemonic

Answer 24

OPRAH

Question 25

overall admissibility framework: steps

Answer 25

1) Original writing rule (best evidence–1002)
2) Privileges (501)
3) Relevance (401-403)
4) Authentication: genuine? (901-902)
5) Hearsay (801-807)