Validity of evidence, issues, authenticating

Question 1

issue with how the jury weights the importance of evidence

Answer 1

The jury may overweight their evidentiary value

Question 2

Rule 901: Authenticating or Identifying Evidence

What must be produced

Answer 2

sufficient evidence to support a finding that the item is what the proponent claims it to be

Question 3

10 Examples given in 401: AUthenticating or Identifying Evidence

Answer 3

1. Witness w/ knowledge
2. Nonexpert opinion about handwriting
3. Comparison by an expert witness of the trier of fact
4. Distinctive Charateristics and the like
5. Opinion about a voice
6. Evidence about a telephone conversation
7. Evidence about Public Records
8. Evidence about ancient documents or data complications
9. Evidence about a process or system
10. methods provided by a statute or rule

Question 4

Authorization

Answer 4

The process of proving that an item of evidence is what its proponet claims it to be

Question 5

901(a): 3 general principles of authentication

Answer 5

1. Evidence must be authenticated “in order to have it admitted”
2. Evidence is suthenticated by showing that the item is what the proponet claims it to be
3. The showing must be sufficent to support a finding

Question 6

Evidence contesting the authenticity of an item that is already deemed authenticated and admissible, is

Answer 6

admissible

Question 7

Limit on the power a party offering tangible evidence to decide on what they claim that evidence to be:

Answer 7

The claim must be consistany with establishing that the item is relevent

Question 8

The burden of proving authenticity

Answer 8

sufficent to support a finding

Question 9

meaning when:

evidence is “sufficent to support a finding”

Answer 9

so long a reasonable juror could conclude that the evidence is what it is claimed to be

Question 10

Authentication is what equivilant to personal knowledge

Answer 10

Object

Question 11

Authentication is also called

Answer 11

laying the foundation

Question 12

Rule 901: Authentication

The list of examples is not

Answer 12

exhaustive, there may be more circumstances

Question 13

The person who can authenticate is the person who has

Answer 13

the Personal Knowledge needed to provide authenticating testiony

FP (Facts Precieved) = FT (Facts that can be testified)

Question 14

Authenticating a Photograph

Personal knowledge requirement varies based on

Answer 14

what the party offering the photograph claims it to be

Question 15

A witness can authenticate a photograph by testifying that the photo is a

Answer 15

“fair and accurate dipiction” of a location

Question 16

Authenticating a Photograph

When a witness authenticates a photo by saying that it is a “fair and accurate” depiction of the location, the photo is used as demonstrative evidence, if used to

Answer 16

help illustrate or explain witness testimony

Question 17

If an item is unique in charater or appearance then

Answer 17

often a single witness can authenticate the item

Question 18

If the item is indistinguishable from other similar items then

Answer 18

more then one witnesses perception is needed to authenticate the item

Question 19

When an item is indistinguishable from other similar items, a single witness can only

Answer 19

say that an item looks like the item percieved

Question 20

if an item is indistinguishable from similar or generic items, what is needed to authenticate the item

Answer 20

the chain of custody

Question 21

In proving the chain of custody, you are showing that

Answer 21

the evidence is in the safe keeping of one or more specific persons

Question 22

besides being generic, a item can need a chain of custody whenever the item is unique but

Answer 22

is susceptabe to alteration in ways that can be difficult to detect

ex digital sounds or images

Question 23

In proving chain of custody, you are showing that the evidence was

Answer 23

continuously in the safekeeping of one or more specific persons

Question 24

In proving chain of custody, where do you start and end the analysis on the timeline of the evidence

Answer 24

• begin with the event that connects the evidence to the case
• Continue until the moment the evidence was brought to court and marked for identification

Question 25

All witnesses in the chain of custody testify to the circumstances under which:

4 Points

Answer 25

1. They took custody of the item
2. The efforts they made to safeguard it
3. What if any changes appear in the item since they last had custody, AND the
4. Circumstances under which they surrendered custody

Question 26

What having witnesses testify to certain cicumstances pertaining to the evidence helps determine

Answer 26

that the item was not altered in any significant respect or switched with anthing appearing as it

Question 27

The foundation created by a chain of custody creates

Answer 27

an infrence that the evidence is the very item associated with the events at the issue of the case

Question 28

2 things that is central to creating the foundation of chain of custody

Answer 28

1. perceptions
2. personal knowledge

Question 29

Technology

Items stored on electronic media often can be authenticated by

Answer 29

considering the contents of those items as well as other charateristics

Question 30

902: 14 categories of items which require no extrinsic evidence of authenticity in order to be admitted. (self- authenticating)

Answer 30

1. Domestic Pub. Docs. that are sealed and signed
2. Domestic Pub. Docs. that are not sealed but signed and certified
3. foreign pub docs
4. offical public authority publication
5. newspapers and periodicals
6. trade incriptions and the like
7. commercial paper
8. Certified copes of public records
9. Acknowledged docs
10. presumptions under a federal statute
11. certified domestic records of a regularly conducted activity
12. certified records of a regularly conducted activity
13. certified ercords generated by an electronic process of system
14. certified data copied from an electronic device storage medium, or file

Question 31

Extrinsic Evidence

Answer 31

Any evidence other than the item of evidence in question

Question 32

If not self-authenticating under 902 it may be authenticated under

Answer 32

901

Question 33

If the item cannot self authenticate under 902 or authenticate under 90, the item is

Answer 33

inadmissiable

Question 34

The best rule

5 words that are defined under 1001

Answer 34

1. Writing
2. recording
3. photograph
4. original
5. duplicate

Question 35

The best evidence rule

Rule 1002: requirement of original

Answer 35

An originial writing, recording, photography, is required unless rules or fed. statutes provide otherwise.

Question 37

Best evidence rule

A printout of electronically stored info

Answer 37

Counts as an original, if it accuarely reflects the info

Question 38

The best evidence rule

Besides the original photograph what also can count as the original

Answer 38

a negative of a print from the photograph

Question 39

Best Evidence Rule

Limits to rule 1002 “Requirement of original”

2 points

Answer 39

1. Does not apply to evidence about tangible items other than writings, recordings, and photographs
2. Applies only in evidence offered to prove the contents of such item

Question 40

Best evidence rule

How rule 1002 “requirement of original” is broad enough to cover the collection of dadta in a tangible format

Examples

Answer 40

computer disks, CDs, Lisence plate, security camera footage

Question 41

2 rules that are exceptions to the best evidence rule

Answer 41

1. 1003 Admissibility of Duplicates
2. 1004 Admissability of other evidence of content

Question 42

Exception ot the best evidence rule

1003 Admissibility of duplicates: A duplicate is admissible to the same extent of the original unless..

Answer 42

1. A genuine question is raised about the original authenticity
   OR
2. The circumstances make it unfait to admit the duplicates