Documentary and Real Evidence

Question 1

Judicial Notice

Answer 1

Judicial notice operates as a substitute for proof as to facts that are matters of common knowledge in the community or are capable of certain verification through easily accessible, well-established sources.

Criminal case:
* Jury MAY, but is NOT REQUIRED TO, accept the fact noticed.
* Effect is ONLY to relieve the prosecutor of his burden of producing evidence on that fact.

Question 2

3 Objections to Consider for a Writing being Offered into Evidence

Answer 2

1. Hearsay
2. Lack of Authentication
3. Best Evidence Rule

Question 3

How to start an evidence anaysis

Answer 3

1. Civil or Criminal
2. Who’s Offering
3. What Form

Then…
* Relevant to what? or
* Offered to prove what?

Offered to prove an element in the case (claim or defense) or to Impeach witness?