Misc

Question 1

Authentication: General Rule

Answer 1

Proof, sufficient to support a jury finding, that the thing is what the proponent claims it is.

Question 2

Handwriting Authentication Methods

Answer 2

1. Lay opinion if familiar with handwriting before trial
2. Expert opinion
3. Jury comparison

Question 3

Ancient Doc Authentication

Answer 3

At least 20 years old, in condition that creates no suspicion, found in a place where it would likely be kept.

Question 4

Photo/Video Authentication

Answer 4

Witness testifies that it is a fair/accurate representation of the facts.

Question 5

Voice Authentication Methods

Answer 5

1. Anyone who has heard the voice (before or during trial)
2. Party to a telephone call

Question 6

Self-Authenticating Docs

Answer 6

Docs with seals
Official pubs
Certified records
Periodicals
Notarized docs
Commercial paper

Question 7

Best Evidence Rule

Answer 7

To prove the content of a writing/recording/photo, the original must be produced.

Applies when the writing is legally operative/dispositive or when witness has knowledge only from having viewed that writing.

Does not apply when witness has personal knowledge of the facts, when writing is of minor importance, when opposing party has given testimony about the contents.

Question 8

Secondary Evidence

Answer 8

Handwritten copies/notes/oral testimony (note: photo copies are duplicates, treated as original).

Admissible only if cannot be found/obtained via reasonable efforts.

Question 9

Real Evidence Authentication Methods

Answer 9

1. Witness testifies they recognize it as what it’s claimed to be
2. Evidence that there was an unbroken chain of possession

Question 10

Confrontation Clause

Answer 10

1. Statement is being offered against crim D
2. Declarant is unavailable
3. Statement was testimonial
4. D had no opportunity to cross