NACs Trial Advocacy Course

Question 1

When authenticating an item of evidence, what is the standard that the proponent lawyer must meet

Answer 1

“The proponent must produce sufficient evidence to support a finding that the item is what the proponent claims it is.” FRE 901(a)

Question 2

A rough synonym of “authentication” is this ____

Answer 2

“identifying

“To satisfy the requirement of authenticating or identifying an item of evidence …” FRE 901(a)

Question 3

What is a stipulation

Answer 3

An opposing lawyer agreeing that a proponent’s evidence is what they say it is

Question 4

Laying a foundation for a photograph requires two showings

Answer 4

(a) a fair and accurate representation of the object/place

(b) photograph was fair and accurate at the time the picture was taken

Question 5

3 steps to authenticating a document

Answer 5

(1) What is the document

(2) How the witness recognizes it

(3) If copy, the document is a true and accurate copy

Question 6

3 steps to authenticate a signature

Answer 6

(1) witness is familiar with the signature

(2) Explain how the witness is familiar with signature

(3) Signature was made by a specific person

Question 7

What are the 5 steps of moving an exhibit into evidence

Answer 7

(1) Mark the exhibit

(2) Show the exhibit to the witness

(3) Foundation. Lay the foundation

(4) Move exhibit into Evidence.

(5) Request permission to publish

Question 8

What was your favorite line from the NAC

Answer 8

“the law is a jealous mistress”

Question 9

Often some courts do not allow ___ in PowerPoint closing argument slides

Answer 9

Cover page

Question 10

How do you explain preponderance of the evidence

Answer 10

If you picture the scales of justice evenly matched. If the plaintiff can place even a feather on their side