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
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)(4) Distinctive Characteristics and the Like.
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)(5) - Opinion about a voice.
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)(6) - Evidence about a Telephone Conversation
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)(7) - Evidence about public records
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)(8) - Evidence About Ancient Documents or Data
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)(9) - Evidence about a process or system.
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)(10) - Methods Provided by a Statute or Rule
What is the most common method of authentication?
901(b)(1): Testimony of a Witness with knowledge
It frequently manifests itself through oral testimony from a witness who will testify about the document.
901(b)(1): Testimony of a Witness with Knowledge
Does the law permit a lay person (non expert) to testify that she can recognize someone’s handwriting?
YES. Rule 901(b)(2)
The rules permit an expert witness to testify as to the identification of someone’s handwriting. What rule?
901(b)(3)
Could you based on the appearance, distinctive characteristics, etc. identify a car as a Corvette? You probably could and this is allowed based on what rule?
901(b)(4)
If a person can identify the voice of another person, then she can testify to that. True or False.
True
Using Rule __________, a person can identify a particular person or a business based on a telephone call.
901(b)(6)
If you called 1-800 Flowers and ordered a bouquet of roses to be delivered to your spouse, then you could reasonably authenticate that the telephone conversation occurred with the flower shop. What rule?
901(b)(6)
What rule sets out an exclusive list of items of evidence which are self-authenticating?
Rule 902
Absent another rule or statute to the contrary, only the items listed are self-authenticating and no other evidence is required to authenticate these items of evidence.
Rule 902
Rule 902(1)
Domestic Public Documents That Are Sealed And Signed
Rule 902(2)
Domestic Public Documents That Are Not Sealed but Are Signed and Certified
Rule 902(3)
Foreign Public Documents
Rule 902(4)
Certified Copies of Public Records
Rule 902(5)
Official Publications
Rule 902(6)
Newspapers and Periodicals
Rule 902(7)
Trade Inscriptions and the Like
Rule 902(8)
Acknowledged Documents
Rule 902(9)
Commercial Paper and Related Documents
Rule 902(10)
Presumptions Under a Federal Statute
Rule 902(11)
Certified Domestic Records of a Regularly Conducted Activity
Rule 902(12)
Certified Foreign Records of a Regularly Conducted Activity
Rule 902(13)
Certified Records Generated by an Electronic Process
Rule 902(14)
Certified Data Copied from an Electronic Device, Storage Medium, or File
Documents that fit squarely within the rule are self-authenticating.
Rule 902
