Tangible Evidence Flashcards
Can Client-attorney privilege extend to anyone in the room with client and attorney?
Under attorney-client privilege, a confidential communication between a client and an attorney is privileged. While the presence of a third party can destroy privilege, a communication to a representative of the attorney is also privileged. A representative of an attorney is a person who is employed to assist the attorney in providing legal services.
Can a Dr.’s communications be covered by attorney client privilege?
If a physician has been employed to assist the plaintiff’s attorney in determining the damages to be sought when filing the lawsuit his presence would not destroy the attorney-client privilege and it would apply to statements made by the Dr. so long as the statements were not made for the purpose of medical treatment of the plaintiff, but only to assist the attorney.
How do you authenticate physical representations of things that cannot otherwise be seen?
X-ray images, electrocardiograms, and similar items are physical representations of things that cannot otherwise be seen (i.e., the inner workings and functionality of a human body), and, as such, unlike other reproductions, they cannot simply be authenticated by the testimony of a witness claiming that they are accurate reproductions of the facts. To authenticate such an item, it must be shown that an accurate process was used, that the machine used was working properly, and that the operator of the machine was qualified to operate it. The chain of custody must also be established.
Does a deed recorded in a the appropriate office fall under the public records exception for hearsay?
FRE 803(14) establishes a hearsay exception for the record of a document purporting to establish or affect an interest in property, as proof of the content of the original recorded document and its execution and delivery by each person by whom it purports to have been executed, if the record is a record of a public office and an applicable statute authorizes the recording of documents of that kind in that office. Additionally, a copy of an official record or of a document authorized by law to be recorded or filed that was actually recorded or filed in a public office and certified as correct by the custodian or other person authorized to make the certification is self-authenticating.
Is really physical evidence subject to the best evidence rule?
The best evidence rule (also known as the original document rule) requires that the original document (or a reliable duplicate) be produced in order to prove the contents of a writing, recording, or photograph, including electronic documents, x-rays, and videos. A “writing” is defined as “letters, words, numbers, or their equivalent set down in any form.” A “recording” and “photograph” are similarly broadly defined. However, even under a broad interpretation of these terms, real physical evidence, such as a three-dimensional model, is not subject to the best evidence rule, even if the prosecution contends that the defendant’s knowledge of the existence of _____ was based on a model (making the model an material issue in the case)
Is a photo copy of a will admissible if the will is being challenged on grounds related to its validity and not the authenticity?
The photocopy of the will is a duplicate, since it was produced by a process that accurately produces the original. Consequently, it is admissible to the same extent as the original unless there is a genuine question as to the authenticity of the original or other circumstances that would make its introduction unfair. Since the only challenge advanced by relates to the validity of the will for reasons that lie beyond the authenticity of the original, the photocopy is admissible
