Tangible Evidence

Question 1

Authentication

Answer 1

Required

Question 2

Authentication of Physical Objects

Answer 2

done via personal knowledge, distinctive characteristic, or chain of custody

Reproductions are authenticated by testimony of witness with personal knowledge that this is an accurate depiction (photos, diagrams, maps.)

X-Rays, EKGs – process used was accurate, machine works, and operator was qualified.

Question 3

Authentication - Documentary Evidence

Answer 3

Done via stipulation, eyewitness testimony, or handwriting verification

Ancient documents (at least 20 yrs old), found in a likely place
o Public Records
o Reply Letter (response to communication)
o Handwriting verification: comparison or non-expert.
o Self-Authenticating (i.e. newspapers, gov authorized docs, time stamp.)

Question 4

Oral Statements - Authentication

Answer 4

Voice ID or phone conversation

Question 5

Best Evidence Rule

Answer 5

almost never the correct answer on MBE. Applies when contents of a writing are at issue.