Evidence

Question 1

Authenticating X-Rays

Answer 1

Authenticating an item of evidence that is a physical representation of something that could not otherwise be seen requires proof that (1) the process for creating the evidence was accurate, (2) the machine that produced the evidence was working properly, and (3) the operator of the machine was qualified to operate it.

Question 2

Best Evidence Rule - Jury Trial

Answer 2

The court determines whether a party has fulfilled the factual conditions to admit other evidence to prove the content of a document. But in a jury trial, the jury determines any issue of whether (1) an asserted document ever existed, (2) another document is the original, or (3) other evidence of content accurately reflects the content.

Question 3

Treatise Hearsay Exception

Answer 3

Statements in a learned treatise, periodical, or pamphlet are excepted from the rule against hearsay when (1) the publication is established as a reliable authority by a party’s expert or judicial notice and (2) the statements are called to the attention of or relied on by an expert witness during examination.

Question 4

Defendant’s Character - Civil Case

Answer 4

Evidence of a defendant’s character is inadmissible in a civil case to prove that the defendant acted in conformity with that character trait unless the defendant’s character is an essential element of a claim or defense. Since the defendant’s character for peacefulness is not an element of either battery or self-defense, the principal’s testimony is not admissible. There is an exception allowing a party to introduce evidence of his peaceful character in cases in which the defendant is claiming self-defense, but only when there is a dispute as to who was the initial aggressor. Because there is no indication that there is such a dispute in this case, the exception does not apply, and the testimony is inadmissible.

Question 5

“Use” Immunity

Answer 5

A witness may be compelled to provide incriminating testimony if the government grants him immunity from prosecution. “Use” immunity prohibits only the use of the compelled testimony against the witness. If the government does prosecute the witness in such a case, the government has the burden to show that the compelled testimony did not provide an investigatory lead that was helpful to the prosecution.