Pg 10

Question 1

What is the identification scheme for an item of evidence for the plaintiff or the prosecution and for items for the defense?

Answer 1

Numbers are used for the plaintiff/prosecution and letters are used for the defendant. I.e.: exhibit one or exhibit A

Question 2

Whenever an attorney hands an item of evidence to someone else, such as the witness or the opposing party, how should he identify the item?

Answer 2

By its identification marker, he cannot state what it is because that is unsworn testimony

Question 3

When an item is offered into evidence, the court can allow counsel to do what?

Answer 3

A limited cross examination on the foundation that is offered

Question 4

A court views evidence that is introduced, regarding its authenticity/identity/credibility, in what light?

Answer 4

The one most favourable to the proponent

Question 5

What is a list of ways that you can authenticate evidence?

Answer 5

– Testimony of a witness with knowledge
– non-expert opinion about handwriting
– comparison by expert witness or trier of fact
– distinctive characteristics
– opinion identifying a person’s voice
– evidence about a phone conversation
– evidence about public record
– ancient document or data compilation
– process or system evidence
- methods provided by statute or rule
– demonstrative evidence
- photographs
– video
– in court demonstrations
– computer models or simulations

Question 6

How do you authenticate evidence through the testimony of a witness with knowledge?

Answer 6

That person testifies that the item is what it is claimed to be which they know because of their relevant knowledge of the exhibit

Question 7

What are some different ways that a witness can give testimony about evidence to authenticate it?

Answer 7

If she says she remembers signing the contract, drafting it, saw the defendant sign it, saw the defendant draft it, worked at Kinko’s and photocopied it for the party who said it was a contract that he signed, etc.

Question 8

Is it possible to authenticate an item of evidence on cross-examination?

Answer 8

Yes, through testimony of the defendant that has knowledge of the item using leading questions

Question 9

What are the different ways that personal knowledge of an item of evidence can be gotten?

Answer 9

Through any of the five senses

Question 10

If you are authenticating an object of evidence through testimony of a witness with knowledge, what must be shown?

Answer 10

That the object is the one involved, and is in substantially the same condition as it was at the time of the incident. If changes have happened, they must be explained and the jury cannot be confused or mislead

Question 11

What are the three ways you can authenticate a physical object through testimony of a witness with knowledge?

Answer 11

– Testimony of personal knowledge
– distinctive characteristics
– chain of custody

Question 12

How do you authenticate an item of evidence through distinctive characteristics?

Answer 12

If the object is unique with identifying marks or labels, that can be offered

Question 13

How do you authenticate an item of evidence through chain of custody?

Answer 13

If the item is not readily identifiable and has no distinctive characteristics or is fungible it can be authenticated through testimony of continuous possession by an individual together with testimony by each person that the object stayed in substantially the same condition during possession and and there is an accounting for its whereabouts between the time it was gotten and the time it went to court

Question 14

If there was a break in custody for an item of evidence, can the item still be authenticated through the chain of custody method?

Answer 14

Yes, as long as the chain, viewed as a whole, supports the improbability of alteration, substitution, or change of condition. The proponent has to establish a reasonable probability that no modification happened. This creates a presumption of regularity for the chain of custody

Question 15

How can an item of evidence be authenticated through non-expert opinion about handwriting?

Answer 15

A non-expert can give an opinion that the handwriting is genuine based on his familiarity with it that was not acquired for the current litigation

Question 16

What are the ways that a non-expert can become familiar with another person‘s hand writing in order to authenticate it?

Answer 16

From seeing the person write, exchanging letters with them, being a bank employee that handles their checks, being present in his office where genuine writings were ordinarily held in the course of business, etc.

Question 17

What is the standard to determine the sufficiency of a non-expert’s opinion about hand writing in order to authenticate the item of evidence?

Answer 17

A court decides if a reasonable jury viewing evidence most favourably to the proponent could believe the witness had sufficient familiarity to identify handwriting and that the identification is accurate. Need proof that the writings the witness observed are genuine

Question 18

Is it enough for a non-expert to give an opinion about handwriting to authenticate it if he just says “I believe, I can’t be positive but, the writing is similar to.“?

Answer 18

Yes

Question 19

If it ends up that a witness that is testifying to opinion about handwriting of another only had limited opportunity to familiarize himself with that person’s writing, does that affect the admissibility of the testimony?

Answer 19

No, it only goes to weight

Question 20

What are some factors to be considered in weighing a non-expert opinion’s testimony about another person‘s hand writing for authentication?

Answer 20

If the observation happened a long time ago, if the person‘s handwriting has changed, if the circumstances are too incredible to testify with reliability

Question 21

Is it possible for a non-expert to give an opinion about the handwriting of another for authentication by comparing it with specimens?

Answer 21

No, that is only for expert witnesses or the trier of fact

Question 22

What can a non-expert that is testifying about the authenticity of a sample of handwriting be asked to do on cross-examination?

Answer 22

Pick out a genuine writing from false copies

Question 23

What is the difference between an expert and a non-expert’s testimony?

Answer 23

Experts testify in the form of opinions and non-experts testify in the form of facts

Question 24

When an expert witness gives an opinion on another person‘s hand writing for authentication, what happens?

Answer 24

He compares the document with an authenticated specimen and his opinion is based on that. He looks to see if there are so many common identifying characteristics that it’s possible to show the exemplar and the item have the same origin

Question 25

What are some different things that an expert can give an opinion about for authentication of an item of evidence?

Answer 25

Ballistics, handwriting, fingerprints, DNA, type writing, tire tread marks, shoe prints, bite marks

Question 26

What can a cross examiner do to an expert witness when the expert is trying to authenticate an item of evidence?

Answer 26

Can make him pick out the genuine from false samples, or give him any reasonable test of skill if it will aid the jury in deciding what weight to give the expert’s testimony

Question 27

When can an expert refuse to do tests of his skill when he is there to authenticate an item of evidence?

Answer 27

If he needs professional equipment to do it and that equipment is not available

Question 28

How do you authenticate an item of evidence through its distinctive characteristics?

Answer 28

Talk about its appearance, content, substance, internal patterns, distinctive characteristics that when taken together with all the circumstances support a finding that the matter is with the proponent claims it to be

Question 29

How can you authenticate a letter through distinctive characteristics?

Answer 29

By talking about its contents containing information that few others would know

Question 30

What is the reply doctrine?

Answer 30

Once a letter/email/fax/telegram/text/phone call has been sent, anything in reply to it authenticates it based on its contents

Question 31

If the plaintiff knows an exhibit is a letter that was sent by the defendant because she sent a letter to him a few days before and got this letter in response and his letter references her letter and its contents, is that enough to authenticate the item?

Answer 31

Yes, through distinctive characteristics and the reply doctrine

Question 32

If a plaintiff doesn’t remember signing, drafting, or seeing the other party sign or draft a contract, but she does remember the terms that reflect her deal, is that enough to authenticate it?

Answer 32

Yes

Question 33

What is required for a person to give an opinion identifying another person’s voice in order to authenticate that item of evidence?

Answer 33

The hearer must have sufficient familiarity with the speaker’s voice, which can be gotten before or after hearing the voice to be identified and can be first-hand or electronically transmitted

Question 34

Is it possible for a lay witness to gain familiarity with the voice of another for the express purpose of litigation?

Answer 34

Yes. And the person needn’t have ever heard the other person’s voice in person

Question 35

If you get a threatening phone call and the police catch the guy, do a lineup, you listen to each persons’ voices, and pick out the defendant, is that enough to authenticate it even though you didn’t know that person’s voice before the phone call?

Answer 35

Yes