Writings

Question 1

When you see a writing, be alert to these three issues:

Answer 1

1. Authentication
2. Best Evidence
3. Hearsay

Question 2

Method of Authentication

Answer 2

1. Witnesses personal knowledge
2. Proof of handwriting
3. Ancient document rule
4. Solicited reply doctrine

Question 3

How can party authenticate via proof of handwriting?

Answer 3

1. Lay witness with familiarity
2. Expert comparison
3. Jury comparison

Question 4

What is ancient document rule?

Answer 4

Authenticity may be inferred if document is:

1. At least 20 years old
2. Facially free of suspicion
3. found in a place of natural custody

Question 5

How is a photograph authenticated?

Answer 5

Witness testifying on the basis of personal knowledge that the photo is a fair and accurate representation of the people or objects portrayed

Question 6

Self-Authenticating Docs (7)

Answer 6

1. Official publications
2. Certified copies of public or private records
3. Newspapers or periodicals
4. Trade inscriptions and labels
5. Acknowledged documents
6. Commercial Paper
7. Certified business records

Question 7

Best Evidence Rule Definition

Answer 7

In order to prove the contents of a writing, recording, or photograph, the original must be produced

Question 8

When does BER apply?

Answer 8

(1) Writing is a legally operative document

(2) witness is testifying to facts that she learned sole from reading about them in a writing

Question 9

What qualities as original for BER?

Answer 9

• The writing
• counterpart intended to have the same effect
• computer printout
• ## duplicate (mechanically produced)

Question 10

Excuses for not producing original for BER (3)

Answer 10

1. Lost or cannot be found with due diligence
2. Destroyed w/o bad faith
3. Cannot be obtained with legal process