Evidence

Question 1

Authentification

Answer 1

requires sufficient evidence that the document is what the proponent is claiming it is

Question 2

best evidence rule

Answer 2

when seeking to prove a writing in a case where the terms are material, the original must be produced BUT

an exact copy (like photocopy) is permissible as long as not issues as to authenticity are raised

Question 3

when may a witness be impeached with a prior inconsistent statement?

Answer 3

(1) witness had, on another occasion, made inconsistent statement
(2) they are available to / have had the chance to explain or deny inconsistency

Question 4

buisness records exception to hearsay

Answer 4

applies to a record created:
(1) within the regular course of business by an entrant under a duty to record
(2) pertaining to matters within the personal knowledge of the entrant or someone with a business duty to report to the entrant
(3) recorded near the time of the business matter or event

Question 5

authenticity of business record

Answer 5

have custodian or other qualified witness testify to the identity of the record and the mode of its preparation

Question 6

medical diagnosis or treatment exception to hearsay

Answer 6

admissible if pertinent to diagnosis or treatment regardless if present or past symptoms