Relevance + Foundations

Question 1

Relevance

Answer 1

Evidence is relevant if it has any tendency to make a fact of consequence more or less probable than it would without the evidence. Irrelevant evidence is inadmissible. Relevant evidence is admissible unless some other law excludes it.

Question 2

Foundations (For Witnesses)

Answer 2

Comptence + PK

Question 3

Comeptence

Answer 3

All witnesses are presumed competent unless they lack one or more testimonial qualities: (1) observe; (2) remember, (3) narrate accurately, (4) understand the oath to tell the truth.

Question 4

Personal Knowledge

Answer 4

The proponent of a witness must put on evidence sufficient to support a finding that the witness has personal knowledge. I.e; observed the matter she will testify about with her own sense(s). The witness’ own testimony will suffice.

Question 5

For Exhibits

Answer 5

Authentication

Question 6

Authentication

Answer 6

Any physical or documentary evidence must be authenticated; its proponent must show by evidence sufficient to support a finding (ESSF) that the evidence is what the proponent says it is. ESSF is met where a reasonable jury could find by a preponderance of the evidence that the item is what it is purported to be. A witness with knowledge may authenticate evidence.

Question 7

Self -Authenticating Evidence

Answer 7

Some exhibits are self-authenticating when the item is so likely to be genuine that you do not have to call a witness with knowledge to confirm the exhibit’s authenticity. Some examples are: Certified copies of public records, Newspapers, Government publications, Notarized documents, Certified Record Generated by Electronic Process or System.