Authentication Flashcards
Problem 1: The parties in the civil case wish to offer the following. Explain what they must do to authenticate the evidence: Photographs taken by the police of the scene of the explosion
Witness familiar with photographs; scene of the photograph
Problem 1: The parties in the civil case wish to offer the following. Explain what they must do to authenticate the evidence: The threat letters received by AB
901(b)(2) - handwriting, or testimony from a witness with knowledge
Problem 1: The parties in the civil case wish to offer the following. Explain what they must do to authenticate the evidence: A St. Louis Post Dispatch article about the blast
902(6) - self-authentication; presumed to be genuine and require no authentication witness
Problem 1: The parties in the civil case wish to offer the following. Explain what they must do to authenticate the evidence: Blueprints of the AB facility
901(b)(1) - testimony from witness with knowledge; if public document, certified copy of public records 902(b)(4)
Problem 1: The parties in the civil case wish to offer the following. Explain what they must do to authenticate the evidence: Bomb parts found at the scene of the explosion
Person who found them; expert for bomb parts
Problem 1: The parties in the civil case wish to offer the following. Explain what they must do to authenticate the evidence: Chemical residue found at the scene of the explosion
Process; chain of custody
Problem 1: The parties in the civil case wish to offer the following. Explain what they must do to authenticate the evidence: The report filed by the St. Louis Metropolitan Police Department
writer of report; policeman
Problem 1: The parties in the civil case wish to offer the following. Explain what they must do to authenticate the evidence: The report of the coroner about the deaths caused by the gas cloud
Public record; self-authenticating
Problem 1: The parties in the civil case wish to offer the following. Explain what they must do to authenticate the evidence:Tran Nguyen_s statement to the ATF about what he saw
901(b)(1) witness, (7) if it is in a report
Problem 1: The parties in the civil case wish to offer the following. Explain what they must do to authenticate the evidence:The EMS paramedic_s report about victims he helped on the way to the hospital
(7), may be public record, kept under seal
Problem 1: The parties in the civil case wish to offer the following. Explain what they must do to authenticate the evidence: A letter addressed to Lucas Smith written by defendant George Ginaris found in a car driven by defendants Gerald Garnosio and Clyde Barker
Handwriting to find out who wrote it and testimony witness to say it was found in car
The Illinois Central Railroad delivers the ammonia tank cars to the AB site. Every five years AB and the Illinois Central Railroad negotiate a contract for this service which includes rates and terms of service. In late 2007, as the contract was being negotiated, the Illinois Central Railroad learned of the threat letters to AB and demanded terms in the contract which required AB to upgrade security at the railroad siding and improve emergency systems to limit the damage from any ammonia leak. The AB negotiators had agreed to these terms, but had stated that they were subject to the approval of the AB board of directors. Before the board of directors approved the new contract terms, the Illinois Central Railroad began to make deliveries under the terms of the new contract. AB paid for these deliveries at the new contract rate. Plaintiffs in the civil action wish to introduce the contract as evidence that AB was aware of the dangers at the railroad siding. What evidence must the plaintiffs produce to authenticate the contract? How will AB oppose the introduction of the contract?
Illinois Central Railroad may authenticate the contract
Subsequent to the explosions AB_s board of directors meets. The subject of the contract with the Illinois Central Railroad is discussed. One of the directors, Robert Marshall, is furious that more was not done to protect the public. Marshall is also the corporate counsel for AB. Because Marshall believes he has a duty as a corporate director to investigate wrongdoing by the business, he determines to conduct an investigation of AB_s conduct. At a subsequent meeting, Marshall presents his report to the board with a demand that the CEO and the corporation enter guilty pleas to any criminal case and admit liability in any civil case. The meeting quickly turns very hostile and Marshall ultimately resigns from the board of directors. A tape recording of this meeting was made and Marshall is called in the civil case to authenticate the tape. He did not make the tape and portions of the tape are hard to understand because of multiple people yelling. Further, after hearing the tape outside the presence of the jury, Marshall says that while he remembers significant portions of the conversation, there are parts he does not remember. Can this tape be authenticated, and how?
Person making the tape is enough to authenticate the tape. Also Marshall and other people who were there can authenticate parts of the tape. Process is getting tougher to authenticate since digitization
