Chapter 4: Foundation

Question 1

Foundation Requirements:

Answer 1

Offering party must show item of evidence is:

1. Based on firsthand knowledge
2. Of a Specific fact
3. that is logically connected to the offering party’s theory of the case.

Question 2

Rule 601: Competency to Testify in General

Answer 2

Every person is competent to be a wintess. Trier of fact is primary authority for determining reliability of a witness

Question 3

Rule 602: Need for Personal Knowledge

Answer 3

Firsthand knowledge, acquired directly by perception through one of the 5 senses needed to be admissible.

Question 4

Rule 901. Authenticating or Identifying Evidence

Answer 4

A party offering an exhibit into evidence must present facts that:

1. Indicate what the proponent claims the exhibit to be; and
2. Are sufficient to support a finding that the exhibit is indeed what the proponent claims

Question 5

Rule 104(a): Preliminary Questions

Answer 5

The Court decides preliminary questions about whether a witness is:

a. qualified
b. privilege exists
c. evidence is admissible

Question 6

Rule 104(b): Preliminary Questions

Answer 6

Fact questions that determine relevance and foundation are decided by the jury.

Question 7

Rule 603:Oath or affirmation to testify truthfully

Answer 7

Before testifying a witness must give an oath to testify truthfully

Question 8

604: Interpreter

Answer 8

Interpreter must be qualified and must be given an oath to make true translations

Question 9

Rule 605: Judge’s Competency as a Witness

Answer 9

presiding judge may not testify as a witness at the trial

Question 10

Rule 902: Evidence that is self-authenticating

Answer 10

The following items of evidence do not require extrinsic evidence to be admitted.

1. Public docs that are sealed and signed
2. Public docs that are not signed but certified
3. Foreign Public Docs
4. Copies of Public Records
5. Official Publications
6. Newspapers
7. etc…

Question 11

Rule 1001(a): Definitions

Answer 11

writing, recording photos, original, duplicate

Question 12

Rule 1002: Requirements of the Original

Answer 12

An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise.

Question 13

Rule 1003: Admissibility of Duplicates

Answer 13

A duplicate is admissible to the same extent as an original unless:

1. a question is raised about the original’s authenticity; or
2. unfair to admit duplicate

Question 14

Rule 1004. Admissibility of Other Evidence of Content

Answer 14

An original is not required when:

a. all the originals are lost or destroyed, not because of bad faith
b. court cannot compel an original
c. party fails to produce original at trial
d. duplicate is not closely related to a controlling issue

Question 15

Rule 1005. Copies of Public Records to Prove Content

Answer 15

Copies of official records are admissible if:

1. the record is otherwise admissible
2. copy is certified as correct

Question 16

Rule 1006. Summaries to Prove Content

Answer 16

The proponent may use a summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court. The proponent must make the originals or duplicates available for examination or copying, or both, by other parties at a reasonable time and place. And the court may order the proponent to produce them in court.

Question 17

Rule 1007. Testimony or Statement of a Party to Prove Content

Answer 17

Can prove content of record by:

Testimony, deposition, or written statement of the party against whom the evidence is being offered.

Question 18

Rule 1008. Functions of the Court and Jury

Answer 18

Jury determines any issue about whether:
(a) an asserted writing, recording, or photograph ever existed;

(b) another one produced at the trial or hearing is the original; or
(c) other evidence of content accurately reflects the content.