Real Evidence

Question 1

To authenticate physical evidence, the object must be identified as what the proponent claims it to be, either by:

Answer 1

(i) Testimony of a witness that she recognizes the object as what the proponent claims it is
(ii) Evidence that the object has been held in a substantially unbroken chain of possession

Question 2

Best Evidence Rule (Original Document Rule)

Answer 2

To prove the terms of a writing (or recording, photograph, X-ray), the original writing must be produced if the terms of the writing are material. Secondary evidence of the writing (oral testimony) is admissible only if the original is unavailable.

Question 3

Statements in a document affected an interest in property ______ admissible, if they are relevant to the purpose of the document.

Answer 3

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