Authentications Of Writings Flashcards

1
Q

How to authenticate hand writing?

A
  1. Expert
  2. Jury
  3. Lay person who is familiar (not just for suit)
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2
Q

Ancient Doc Authentication Method

A
  1. At least 20 yrs old
  2. Good condition
  3. Found where you’d expect
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3
Q

Photo/Video Authentication

A

Witness must say fair and accurate depiction

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4
Q

Unattended Camera Authentication

A

Working properly at time

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5
Q

X-ray Authentication

A

Works and used by qualified person

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6
Q

Voice ID Authentication

A

Voice ID:anyone who heard at any time
Phone: party to call

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7
Q

Self Authenticating Docs

A

Domestic pub docs, official publications, certified copies, newspaper, labels, notarized doc, business records, trade inscriptions

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8
Q

Best Evidence Rule

A

To prove the contents of a writing, the OG must be introduced

Only applies if:
•Doc is legally operative
Or
•Witness based knowledge on doc

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9
Q

Exception to Best Evidence Rule

A

•Large volumes
•Certified copies
•If writing collateral

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10
Q

Are duplicates or hand written copies admissible?

A

Duplicates treated as OG

Handwritten copies secondary evidence

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11
Q

What are some valid excuses for not producing an OG doc?

A

Lost or destroyed (not in bad faith)
Can’t be obtained judicially
In possession of adverse party

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