Chapter 3 - Sources of Evidence: Physical Evidence (Evidence Book p. 127-128)

Question 1

_____________ exhibits are usually visual exhibits that are created for trial in order to help clarify or explain a witness’s testimony.

Answer 1

Demonstrative

Question 2

Powerpoint Presentation listing elements of a claim

Answer 2

Demonstrative Evidence

Question 3

a timeline of events

Answer 3

Demonstrative Evidence

Question 4

an explanatory diagram

Answer 4

Demonstrative Evidence

Question 5

a directional map

Answer 5

Demonstrative Evidence

Question 6

a photograph that helps explain a witness’s testimony

Answer 6

Demonstrative Evidence

Question 7

Some judges allow __________ exhibits to go back to jury deliberation room, while others allow them only to be considered as exhibits in open court while a witness is testifying.

Answer 7

demonstrative

Question 8

___________ exhibits are also often used by expert witnesses to help explain or clarify their technical or scientific opinions or theories of the case.

Answer 8

demonstrative

Question 9

Typically these kinds of exhibits are not substantive evidence from the case itself (like a contract or letter), but are instead later created for trial as a visual aid to assist or clarify a witness’s testimony. What does this refer to?

Answer 9

Maps, Charts, Graphs, Diagrams

Question 10

The four elements to lay the foundation for the exhibit with the witness are
1. ?
2.
3.
4.

Answer 10

1. what the exhibit represents

Question 11

The four elements to lay the foundation for the exhibit with the witness are
1.
2. ?
3.
4.

Answer 11

2. that the witness is familiar with the exhibit or what it represents

Question 12

The four elements to lay the foundation for the exhibit with the witness are
1.
2.
3. ?
4.

Answer 12

3. why the witness has that familiarity

Question 13

The four elements to lay the foundation for the exhibit with the witness are
1.
2.
3.
4. ?

Answer 13

4. that the exhibit is a fair and accurate depiction of what it represents at the time it was perceived.

Question 14

The four elements to lay the foundation for the exhibit with the witness are
1.
2.
3.
4.

Answer 14

1. what the exhibit represents
2. that the witness is familiar with the exhibit or what it represents
3. why the witness has that familiarity
4. that the exhibit is a fair and accurate depiction of what it represents at the time it was perceived.

Question 15

_____________ can be admitted at trial as a demonstrative exhibit used to help witnesses explain or clarify their testimony (if the witness actually viewed the scene and can state that the __________ is a fair and accurate depiction of what is depicted in the photograph.)

Answer 15

photographs

photograph

Question 16

However, if there is no witness who can testify as to the scene to establish that it is a _______ and _______ depiction, then a much more elaborate foundation for the ___________ must be laid in order to provide some factual basis for its authenticity.

Answer 16

fair and accurate

photograph

Question 17

Is the individual who took the photograph required for authentication?

Answer 17

NO

Question 18

If a witness actually saw what is depicted in the photograph, then the witness merely needs to confirm that the photograph is a _____ and _______ depiction thereof at the time and date in question.

Answer 18

fair and accurate

Question 19

If a witness actually saw what is depicted in the photograph, then the witness merely needs to confirm that the photograph is a fair and accurate depiction thereof at the time and date in question. The __________ of the exhibit, or lack thereof, is in the ___________ of that ___________.

Answer 19

reliability

testimony of that witness

Question 20

Demonstrative Use - Eyewitness

The photograph itself is technically not the evidence; instead, the _________ about the photograph is the evidence.

Answer 20

testimony

Question 21

Substantive Use - No Eyewitness
If there were no witnesses who actually saw what is depicted in the photograph, then there must be some other evidence that the item is what is ________ to be.

Answer 21

purports

Question 22

For example, if a surveillance camera captured a picture that no eyewitness actually saw, then a different foundation must be laid:
1. ?
2.
3.
4.
5.
6.
The reliability of the exhibit is in the operation and maintenance of the surveillance camera

Answer 22

1. how the video was recorded

Question 23

For example, if a surveillance camera captured a picture that no eyewitness actually saw, then a different foundation must be laid:
1.
2. ?
3.
4.
5.
6.
The reliability of the exhibit is in the operation and maintenance of the surveillance camera

Answer 23

2. how the surveillance camera was activated

Question 24

For example, if a surveillance camera captured a picture that no eyewitness actually saw, then a different foundation must be laid:
1.
2.
3. ?
4.
5.
6.
The reliability of the exhibit is in the operation and maintenance of the surveillance camera

Answer 24

3. how and when the recording was removed

Question 25

For example, if a surveillance camera captured a picture that no eyewitness actually saw, then a different foundation must be laid:
1.
2.
3.
4. ?
5.
6.
The reliability of the exhibit is in the operation and maintenance of the surveillance camera

Answer 25

4. the chain of custody of the recording

Question 26

For example, if a surveillance camera captured a picture that no eyewitness actually saw, then a different foundation must be laid:
1.
2.
3.
4.
5. ?
6.
The reliability of the exhibit is in the operation and maintenance of the surveillance camera

Answer 26

5. how it was properly handled

Question 27

For example, if a surveillance camera captured a picture that no eyewitness actually saw, then a different foundation must be laid:
1.
2.
3.
4.
5.
6. ?
The reliability of the exhibit is in the operation and maintenance of the surveillance camera

Answer 27

6. and whether qualified technicians were operating and maintaining the camera

Question 28

Many attorneys use computer animations, re-creations, and simulations to help explain in more vivid detail the ____________ of eyewitnesses or expert witnesses.

Answer 28

testimony

Question 29

Demonstrative Use - Eyewitness or Expert Witness.

If a witness actually saw what is depicted in the animation, or if it clarifies the expert witness’s theory of the case, the exhibit needs to be a _____ and ________ depiction thereof. The reliability of the exhibit is in the testimony of that witness.

Answer 29

fair and accurate

Question 30

Substantive Use - No Eyewitness, Results Computer Generated.

If there were no witnesses who actually saw what is depicted in the exhibit, but the images were generated by running a computer program, then there must be some other evidence supporting the exhibit to show that it is what is purports to be
1. ?
2.
3.
The reliability of the exhibit is in the integrity of the computer program.

Answer 30

1. the computer is functioning properly

Question 31

Substantive Use - No Eyewitness, Results Computer Generated.

If there were no witnesses who actually saw what is depicted in the exhibit, but the images were generated by running a computer program, then there must be some other evidence supporting the exhibit to show that it is what is purports to be
1.
2. ?
3.
The reliability of the exhibit is in the integrity of the computer program.

Answer 31

2. the input and underlying equations are sufficiently complete and accurate (and disclosed to the opposing party.)

Question 32

Substantive Use - No Eyewitness, Results Computer Generated.

If there were no witnesses who actually saw what is depicted in the exhibit, but the images were generated by running a computer program, then there must be some other evidence supporting the exhibit to show that it is what is purports to be
1.
2.
3. ?
The reliability of the exhibit is in the integrity of the computer program.

Answer 32

3. The program is generally accepted by the appropriate community of experts, the program generates accurate and reliable predictive results, and the program was properly handled and maintained by qualified computer technicians, etc.

Question 33

Self - Authenticating Exhibits. What rule?

Answer 33

902

Question 34

Rule 902

Answer 34

Self-Authenticating Exhibits

Question 35

Under Rule _______, there are 12 specific examples of certified, or public, or other specialized, formal documents that are considered to have a sufficient intrinsic (built-in) foundation, in light of the special preparation and official maintenance of the documents.

Answer 35

Rule 902