Presentation of Evidence and Tangible Evidence

Question 1

What does the FRE not apply to?

Answer 1

1. Facts governing admissibility
2. Grand jury proceedings
3. Non-trial criminal proceedings

Question 2

What types of challenges are there to an evidence ruling?

Answer 2

1. Plain error - affects substantial right
2. Limited admissibility - court must limit to proper scope
3. Completeness - introduce omitted portion to explain admitted portion

Question 3

What are improper questions for obtaining evidence?

Answer 3

1. Compound questions
2. Assumes facts not in evidence
3. Argumentative
4. Calls for conclusion or opinion that witness unqualified to make
5. Repetitive
6. Lack of foundation

Question 4

What is a conclusive presumption?

Answer 4

A presumption that cannot be challenged by contrary evidence

Question 5

When is there a rebuttable presumption against the party who destroyed evidence?

Answer 5

1. Destruction was intentional
2. Evidence is relevant
3. Disadvantaged party acted with due diligence as to destroyed evidence

Question 6

How can physical objects be authenticated?

Answer 6

Generally through (1) personal knowledge, (2) distinctive characteristics, (3) chain of custody

Question 7

How can documentary evidence be authenticated?

Answer 7

Usually through (1) stipulation, (2) eyewitness testimony, or (3) handwriting verification

Question 8

How can oral statements be authenticated?

Answer 8

1. Voice ID - anyone who heard the voice
2. Telephone - (1) voice recognition, (2) knowledge of exclusive facts, (3) number is speakers, (4) speaker IDing itself, (5) business that speaker conducts regularly

Question 9

What is the best evidence rule?

Answer 9

Original document must be produced to prove contents of writing when (1) contents are at issue or (2) witness is relying on contents when testifying