Writings Flashcards
GENERAL RULES: A writing is not admissible until it is _____.
Authenticated
GENERAL RULES: A _______ must be laid showing that the writing is ____________.
Foundation
What is purports to be.
GENERAL RULES: Writing are not self-______. A _______ foundation is required.
Authenticating.
Testimonial.
What are three main ways to authenticate a writing using direct evidence? Direct evidence in the form of:
Admission
Eyewitness testimony
Handwriting Proof
What are the three ways of making a handwriting proof?
Lay witness familiarity
Expert witness
Jury comparison
What are impermissible techniques for a lay witness to make a handwriting proof?
Making comparisons (only experts can do that)
Familiarizing himself with the writing purely for litigation.
What is the quantum of proof when laying a proper foundation?
Sufficient evidence to justify a jury finding of genuineness. Less than a preponderance of the evidence standard.
What are six self-authenticating documents?
Certified copies of public or business records
Official publications
Newspapers and periodicals
Trade inscriptions or labels
Acknowledged documents (affadavit-esque inclusion at the bottom)
Signatures on certain commercial documents (as provided by the UCC)
How do you authenticate a photograph?
Just need a witness to say that the photo is a fair and accurate representation of the scene as it was at the time of the event.
How do you authenticate security camera footage?
Show that the camera was operating properly, the time that it was operating, and a chain of custody for the film.
What does the Best Evidence Rule require?
That the party seeking to prove the content of a writing must either (1) produce the original, or (2) account for the absence of the original.
The Best Evidence Rule applies to . . . (2)
Legally operative documents (documents that create or destroy a legal relationship in dispute)
Witness’ knowledge that comes from a document.
The Best Evidence Rule does NOT apply to . . . (2)
Facts existing independent of the writing (i.e., witness knows of a fact that just so happens to be described in a writing)
Collateral documents
When does the Best Evidence Rule allow for summaries of other documents?
When the originals are too voluminous to be produced in court.
Are duplicates permitted under the Best Evidence Rule? If no, why? If yes, to what extent?
Yes, to the same extent as the original.
