Law Shit

Question 1

Silent witness theory

Answer 1

Once video has been authenticated it speaks for itself

Question 2

Illustrative evidence (pictorial communication)

Answer 2

Photographs and video have no independent significance as they only illustrate facts testified to by a witness; photos and video become admissible once a witness testifies that the images accurately depict what was observed

Question 3

Relevance

Answer 3

If an eyewitness would be allowed to describe what is depicted in an image then relevancy requirement is met

Question 4

Federal rules of evidence

Answer 4

For electronically stored info, original means any readable output if it accurately reflects the info

A duplicate - anything produced by a mechanical, photographical, chemical, electronic, etc process that accurately reproduces the original

A duplicate is admissible to the same extent as the original unless authenticity is questioned

Question 5

Authenticating evidence

Answer 5

Testimony of a witness with knowledge
Comparison by expert witness or trier of fact
Distinctive characteristics
Evidence of the process or system

Question 6

Self-authentication

Answer 6

Items of evidence copied from electronic devices/storage if they’ve been authenticated by digital ID

Question 7

The test that is applied when considering the reliability of novel or existing scientific evidence?

Answer 7

The basic threshold of reliability
Whether the evidence is essential

Question 8

Frye test

Answer 8

Does the evidence have general acceptance in the relevant scientific community?

Question 9

Daubert test

Answer 9

States that the federal rules of evidence are paramount; judges are required to examine the principles and scientific methods rather than just determining whether they’re accepted in the scientific community