Evidence MCQ Rules II Flashcards
What is the reply-letter doctrine?
A document can be authenticated (for evidence purposes) by establishing that it qualifies as a reply letter. To do so, the proponent must show that (1) the document was written in response to an earlier communication and (2) the contents make it unlikely that it was written by someone other than the recipient of the earlier communication.
Matter of Law v Matter of Fact
Matters of law are decided by the judge, while matters of fact are decided by the trier of fact.
When does the right to counsel arise for a probation revocation?
The right to counsel in a probation revocation proceeding is not absolute. However, it arises in two situations;
Due process requires counsel at a probation-revocation proceeding if the person (1) denies committing the alleged violation or (2) asserts that complex reasons justified or mitigated it.
The Sixth Amendment guarantees this right if a sentence for the underlying offense (1) has not been imposed and (2) will be imposed if the probation is revoked.
What is the collateral-order doctrine?
The collateral-order doctrine allows an immediate appeal from an interlocutory order that (1) conclusively resolves an important issue that (2) is separate from the merits of the claim and (3) cannot be effectively reviewed on appeal from a final judgment—e.g., an order denying a claim of governmental immunity under the 11th amendment.
How are oral statements authenticated?
Oral statements can be authenticated by having the speaker’s voice identified by any person who (1) has heard the speaker’s voice firsthand or through a device at any time and (2) can connect the speaker’s voice to the oral statement at issue.
Is there a defense of restoration for completed larceny?
NO.
If the elements of larceny are satisfied, the larceny is complete as soon as the property is carried away. There is no defense of restoration if the defendant later has a change of heart and restores the property to its rightful owner
