Writings

Question 1

Generally, a writing is not admissible until

Answer 1

it has been authenticated.

Question 2

Document Authentication may be either

Answer 2

Direct or Circumstantial

Question 3

Forms of Direct Authentication include

Answer 3

1) Admission by the Defendant;
2) Eyewitness Testimony;
3) Handwriting Proof

Question 4

When “proving” handwriting, three entities may judge:

Answer 4

1) A lay witness who is “familiar” with the signature in question (observed at least once not in anticipation of litigation;
2) An expert witness who compares the document in question against a genuine specimens;
3) The Jury, using the same comparison technique as an expert.

Question 5

The Ancient Document Rule, a form of Circumstantial Authentication, requires that the document be

Answer 5

1) 20 or more years old; 2) Regular on its face; 3) Found in a place of natural custody

Question 6

The Quantum of Proof holds a general rule that a proper foundation exists when

Answer 6

there is sufficient evidence to justify a jury finding of genuineness.

Question 7

There are 6 types of Self-Authenticating Documents:

Answer 7

1) Certified Copies of Public/Business Records;
2) Official Publications of Public Agencies;
3) Newspapers and Periodicals;
4) Trade Inscriptions or Labels;
5) Acknowledged Documents (Double Signatures);
6) Signatures on Certain Commercial Documents.

Question 8

A photograph may be authenticated by

Answer 8

any witness familiar with the relevant scene may state that the photo is “a fair and accurate representation.”

Question 9

If no witness can authenticate a photograph, evidence must be introduced that

Answer 9

1) The camera was operating properly;
2) The specific time at which the camera operated;
3) The film was handled properly between camera and courtroom.

Question 10

The Best Evidence Rule holds that the party seeking to prove the content of a writing must either

Answer 10

1) Produce the original document OR 2) Account for the absence of the original, in a manner that is found reasonable.

Question 11

The Best Evidence Rule applies to

Answer 11

1) Legally operative documents; 2) Documents that provide a witness with knowledge.

Question 12

Best Evidence does not apply to

Answer 12

1) Facts that exist independent of the writing (such as birth/birth certificate, death/death certificate);
2) Collateral Documents (writings of minor importance);
3) Public Records;
4) Voluminous Documents (if summary provided and real writing is available if demanded);
5) Duplicates (unless questions are raised concerning the authenticity of the original, or the duplicate would be unfair in context)

Question 13

ON TEST, IF QUESTION INVOLVES A WRITING, ALWAYS BEGIN BY ASKING, IN ORDER:

Answer 13

1) Properly Authenticated?
2) Hearsay?
3) Best Evidence Rule?
Pa.H.Ber.