Short and Happy Guide Chapter 9 Flashcards
When faced with the admissibility of documentary evidence, you should always consider three areas of the rules that impact admissibility:
1. ?
2.
3.
- Authentication
When faced with the admissibility of documentary evidence, you should always consider three areas of the rules that impact admissibility:
1.
2. ?
3.
- Hearsay
When faced with the admissibility of documentary evidence, you should always consider three areas of the rules that impact admissibility:
1.
2.
3. ?
- Best Evidence
When faced with the admissibility of documentary evidence, you should always consider three areas of the rules that impact admissibility:
1.
2.
3.
- Authentication
- Hearsay
- Best Evidence
_______________ is required before documentary evidence may be admitted.
Authentication
The term ___________ in the context of the rules simply means that the evidence “is what the proponent claims it is.”
authentication
The term authentication in the context of the rules simply means that the evidence “is what the _________ ________ it is.”
proponent claims
The term authentication in the context of the rules simply means that the evidence “is what the proponent claims it is.” What rule?
Rule 901(a)
There are two types of documents that fall under the authentication rules:
1. ?
2.
- documents which require evidence as to their authenticity
There are two types of documents that fall under the authentication rules:
1.
2. ?
- documents which are considered “self authenticating”, and therefore do not require additional evidence for authentication.
There are two types of documents that fall under the authentication rules:
1.
2.
- documents which require evidence as to their authenticity and
- documents which are considered “self authenticating”, and therefore do not require additional evidence for authentication.
Rule ________ requires evidence (which is not self authenticating) be authenticated with “evidence to support a finding that the item is what the proponent claims it is.”
901
Rule 901 requires evidence (which is not self authenticating) be authenticated with “evidence to support a finding that the item is what the _________ _______ it is.”
proponent claims
Rule ________, sets forth an exclusive list of evidence which is considered self authenticating.
902
Rule 902 sets forth an exclusive list of evidence which is considered ________ ____________.
self authenticating
Authenticating or Identifying Evidence
(a) In General. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
What rule?
901
Are there specific requirements as to how authentication is accomplished?
NO
There are no specific requirements as to how authentication is accomplished. Nevertheless, Rule __________ sets out a series of examples which would satisfy the requirement of authentication.
901(b)
901(b)(1)
901(b)(2) ?
901(b)(3)
901(b)(4)
901(b)(5)
901(b)(6)
901(b)(7)
901(b)(8)
901(b)(9)
901(b)(10)
901(b)(2) Non-expert Opinion about Handwriting
901(b)(1) ?
901(b)(2)
901(b)(3)
901(b)(4)
901(b)(5)
901(b)(6)
901(b)(7)
901(b)(8)
901(b)(9)
901(b)(10)
901(b)(1) Testimony of a Witness with Knowledge
901(b)(1)
901(b)(2)
901(b)(3) ?
901(b)(4)
901(b)(5)
901(b)(6)
901(b)(7)
901(b)(8)
901(b)(9)
901(b)(10)
901(b)(3) Comparison by an Expert Witness or the Trier of Fact
