Evidence

Question 1

Subsequent Remedial Actions

Answer 1

evidence of remedial measures taken after the injury to the plaintiff is generally not admissible to prove defendant’s negligence or fault

admissible to prove 1) ownership or control, 2) feasibility of precautionary measures, or 3) impeachment

Question 2

Authentication

Answer 2

takes place when a witness lays a foundation for a relevant piece of non-testimonial evidence that is sufficient for a finding that the object is what it is purported to be

can be shown by 1) personal knowledge of object, 2) description of distinctive characteristics or markings, or 3) chain of custody was documented and never broken

Question 3

Self-authentication

Answer 3

applies to a limited, specific set of items (documents w/ seals or signatures or which have been attested to, official records, publications by a public authority, newspapers, periodicals)

cannot be applied to purely physical objects

Question 4

Statement against interest

Answer 4

a hearsay exception that requires the witness to be unavailable

Question 5

Unavailable witness

Answer 5

A witness who is unavailable to testify at trial. This can be because of death, incapacity, can’t be found, or refusal to testify.