Authentification and Identification Flashcards

0
Q

Two Classifications of Evidence

A

Testimonial

Tangible

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1
Q

Rule 901 - Requirement of Authentication or Identification

A

Authentication
a condition precedent to admissibility
evidence is sufficient to support a finding
that the matter is what proponent claims it to be

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2
Q

Types of Tangible Evidence

A

Real Evidence

Demonstrative Evidence

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3
Q

Real Evidence - Defined with examples

A

Physical or documentary evidence connected with the case.

Writings, recordings, photographs and self authenticating documents

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4
Q

Demonstrative Evidence

A

Relevance dependent on ability to explain or simulate material facts in a case.

Maps, charts, models, visual aids, etc

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5
Q

Foundation requirements for demonstrative evidence

A

Must fairly and accurately represent the scene.

Witness is substantially familiar with items or scene shown.

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6
Q

Authentication of Real Evidence

A
  1. personal knowledge.
  2. distinctive characteristics
  3. chain of custody for fungible items
    *break in the chain will not automatically render inadmissible
    goes to the weight of the evidence.
  4. Photographs must accurately portray what it depicts. Authentication of the photographer is not required.
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7
Q

Examples of persons with who may authenticate documents (5)

A
  1. Custodian
  2. Preparer-Author
  3. Eye witness to signing
  4. Expert Testimony
  5. By the jury
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8
Q

How Circumstantial Evidence may Authenticate a Document

A

Reply Doctrine:

A reply to a letter is evidence that the reply was written by the person to whom the letter was sent.

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9
Q

Authentication of Ancient Documents

A

Hearsay exception - a document is sufficiently authenticated as an ancient document if the proponent shows:

  1. writing is at least 20 years old and
  2. Found in its proper place - a place where it would be expected to be found.
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10
Q

Authentication of Handwriting

A
  1. Lay person with familiarity with the handwriting.
  2. Expert opinion
  3. By the trier of fact - judge or jury.

Familiarity is a weight of the evidence issue. However, familiarity cannot be acquired for purpose of litigation.

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11
Q

Authentication of Voice Identification

A

All voices must be identified when a phone conversation or recording is offered into evidence.

may be corroborated by direct, indirect, and circumstantial evidence

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12
Q

Authentication of Telephone Calls

A

call was made to an assigned number,
the call is assumed to have gone to that person.

call was made FROM an assigned number,
the call is assumed to have come from the person assigned

Similar assumptions for social media.

call made to a business is
assumed related to transactions engaged in by that business

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13
Q

Authentication of Experts - Rule 903(b)(1)

Evidence of the accuracy of the process or system is required by:

A

testimony that scientific or technical method produces a specific result and may show how the process is accurate.

Experts may also authenticate a scientific device under Daubert of Frye

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14
Q

Self-Authentication - Rule 902

Self Authenticating documents

CONTAC

A
Certified Documents
Official Publications
Newspapers and Periodicals
Trade Inscriptions
Acknowledged Documents
Commercial Paper
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15
Q

Rule 903 - Subscribing Witness’ Testimony Unnecessary

A

subscribing witness is not necessary unless required by the laws of the governing jurisdiction

16
Q

Process for Analyzing Writings:
Issues Proponent must overcome regarding admissability

OPRAH

A
Original Writings - Best evidence rule
Privileged 
Relevancy 
Authentication 
Hearsay
17
Q

Certified Documents

A
  1. Bear a seal of the US or any state
  2. w/o seal - if a public official certifies under seal that original signer had capacity to sign and that signature is genuine.
  3. Foreign Docs - require genuineness of signature and authorized persons official position
  4. Certified Copies of official public records - Rule 803(8)
18
Q

Self Authenticating Documents

A

Documents that require no extrinsic evidence to be admitted.

CONTAC

19
Q

Certified Documents without a Seal

A

Where another public officer who has a seal and official duties within the same entity certifies under seal, or its equivalent, that the signer has the official capacity and that the signature is genuine.