Authentication and Identification Flashcards
1
Q
Requirement of auth/ID
A
must show ev sufficient to support a finding that the matter is what it purports to be.
2
Q
Authenticating intrinsic evidence
A
generally, self-authenticating
3
Q
Authenticating extrinsic evidence
A
Generally need a witness.
Direct ev - someone w/ personal knowledge of or familiarity w/ the item, or a custodian of records.
circumstantial - chain of custody, ancient docs, other distinctive characteristics.
4
Q
Handwriting authentication
A
- by a person w/ familiarity
- by an expert w/ persons known writing sample OR
- comparison by the trier of fact.
5
Q
Voice authentication
A
opinion of a person who has heard speaker at any time, even if familirity is acquired for the litigation.
6
Q
Certain documents need no foundation witness to prove they are genuine. CONTAC
A
Certified docs Official publications Newspapers and periodicals Trade inspections Acknowledged documents Commercial paper
