Chapter 3 - Sources of Evidence: Physical Evidence (Evidence Book p. 128-130 Flashcards
Whenever the contents of a _________, __________, or ___________ is to be proved in a case, the best evidence rule requires the original to be used.
writing
recording
photograph
For example, when trying to prove the provisions of a contract, the ____________ contract must be produced at trial.
However, a _______ or _________ is acceptable if there is no genuine issue of ______________.
If the _________ or ________ is unavailable, the other evidence will be inadmissible, unless the absence can be adequately explained such as it was inadvertently ______ or _________ or is otherwise ____________ through no fault of the party.
If so, then this secondary evidence (such as ___________ or other evidence about the writing will be allowed in place of the __________ or ___________.
original
copy or duplicate
authenticity
original or duplicate
lost or destroyed
unobtainable
testimony
original or duplicate
Rule 1001(1). The best evidence rule contemplates a very broad interpretation of “writing” and “recordings” such as diagrams, computer printouts, data compilations, photographs, drawings, and even artwork, but not include ________ (______ ________ _______, like a locket, tombstone, or briefcase, even if inscribed.)
chattels
physical tangible items
The best evidence rule contemplates a very broad interpretation of “writing” and “recordings” such as diagrams, computer printouts, data compilations, photographs, drawings, and even artwork, but not include chattels (physical tangible items, like a locket, tombstone, or briefcase, even if inscribed.)
What rule?
1001(1)
Rule 1002 requires the production of the original at trial “to _______ ______ ________.”
to prove its content
When a writing is offered to prove an event (such as a GPS report of where a boat travelled), or if a writing itself has legal effect (such as wills or contracts), or if the witness’s testimony is wholly reliant on the writing (such as testimony based on the finding of an X-ray), then the “contents” are being proved by the writing, and the ______ ______ _______ applies.
Best Evidence Rule
On the other hand, contents are not in issue, and thus the rule is inapplicable, if personal knowledge of a witness is used to prove that an event occurred, even if a writing or recording about the event co-exists.
What rule?
Best Evidence Rule
A witness on a boat testifies where the boat travelled, even if a GPS report exists; or a buyer of goods may testify that she bought a product without having to produce the receipt; or a witness may testify that a birth or marriage occurred, without having to produce the legal certificate.
Why ?
Contents are not in issue, and thus the Best Evidence Rule is inapplicable, if personal knowledge of a witness is used to prove that an event occurred even if a writing or recording about the event co-exists.
Under Rule ________, there can be more than just one original if the parties intend that copies of the original are to be considered as originals.
1003
__________ are accurate reproductions of what was intended as an original, such as a photocopy, reprint, or enlargement or miniature of an original.
duplicates
__________ are admissible as if they were an original, provided there is no claim that the original is not _________ or that it would be _________ under the circumstances to admit the duplicate in lieu of the original.
duplicates
authentic
unfair
_________ _________ is any evidence about the writing, such as witness testimony that is used to establish the contents of the writing.
Secondary Evidence
When the best evidence rule applies, secondary evidence is _____________.
inadmissible
However, under Rule 1004, when the original or duplicate is unavailable, _________ ___________- may be admissible if there is not any bad faith on the part of the offering party, such as it was inadvertently lost or stolen or is otherwise unavailable through no fault of the offering party.
secondary evidence
Rule 1006. A writing or recording that _________ other voluminous writings or recordings, is not, itself, an original or duplicate as it was especially created for trial. But under rule 1006, if the writings or recordings upon which the _______ was based are original or duplicate writings or recordings, then the summary of them will be admissible.
summarizes
summary
