Term
| Who holds the burden of production and persuasion as to authentication? |
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Definition
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Term
| What role does the trial judge play in authentication? |
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Definition
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Term
| When may the jury's role in determining authenticity be preempted? |
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Definition
| Where the evidence for or against authenticity is so compelling as to permit only one conclusion |
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Term
| How may an opponent challenge authenticity? |
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Definition
| Offering rebutting evidence |
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Term
| Is authentication more significant in criminal or civil trials? |
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Definition
| Criminal; few issues are ever resolved by stipulation in criminal trials |
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Term
| In order for an item to be admissible, what must occur? |
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Definition
| It must be authenticated by laying of the proper foundation (evidence sufficient to support a finding that it is what it's proposed to be) |
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Term
| How may something be authenticated? |
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Definition
1) Testimony of a witness w/ knowledge (based on identifying characteristics of the time)
2) Chain of custody from scene to evidence looker |
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Term
| In chain of custody testimony, must the original like testify? |
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Definition
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Term
| If a link is broken in the chain of custody, is the evidence inadmissible? |
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Definition
| No; breaks go to weight not admissiblity. They are a question for the jury |
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Term
| How is a writing authenticated? |
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Definition
| Showing who it's author is |
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Term
| Is a signature enough to authenticate a writing? |
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Definition
| no; the proponent must make some independent showing that the signature was made by the person who the proponent claims made it |
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Term
| What are the ways of authenticating a document or writing? |
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Definition
1) Direct testimony that it is what its suppposed to be
2) Distinctive characteristics (letterhead,etc)
3) By a witness who can identify the signature of handwriting as belonging to a particular person |
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Term
| May a handwriting expert's testimony be based on comparison? |
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Definition
| Yes; must be designed to insure the evidence is scientifically reliable |
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Term
| May a non-expert testify based on comparisons and studies? |
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Definition
| No; he must testify that he saw handwriting at sometime before trial and that he recognizes it |
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Term
| May a letter be authenticated by the circumstantial fact that it appears to be a reply to a prior communication? |
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Definition
| Yes, if the prior communiation is proved. |
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Term
| How can an outgoing phone conversation be proved? |
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Definition
1) Showing that the call was made to the number assigned by the phone company
2) Self authentication by the person who answered (voice recognition, name) or for a business the call related to business that would reasonably have occurred over the telephone) |
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Term
| How can an incoming call be authenticated? |
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Definition
| Self-authentication by the caller is not enough, some additional evidence is required. |
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Term
| How may a mechanical transmission be authenticated |
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Definition
1) Recording or device worked properly
2) Competent operator
3) Authentic and correct
4) No changes, additions or deletions
5) Recording preserved in a manner shown to court
5) Conversations made voluntarily (good faith) |
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Term
| Do courts allow transcripts of tape recordings? |
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Definition
| Yes; but they're split if the contents of the transcripts are in dispute |
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Term
| How is an ancient document authenticated? |
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Definition
1) showing it's in a condition that creates no suspicion
2) was in a place where it would likely be
3) has been in existence for more than 20 years |
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Term
| What are 6 things that are self-authenticating? |
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Definition
1) Notarized deeds/provisions
2) Certified copies of public records
3) Books of statutes printed by government body
4) All official publications
5) News papers, periodicals
5) Labels, signs or other inscriptions indicating control |
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Term
| What are 2 ways of avoiding having to authenticate a document? |
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Definition
1) Admission
2) Stipulation |
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Term
| How would you authenticate a surveillance camera? |
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Definition
1) Witness to say it was the same person
2) if no witness, authenticate as process or system - show it produced an accurate result |
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Term
| Is there a presumption of authenticity in criminal cases? |
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Definition
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Term
| Cases involving federal papers are goverened under what law? |
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Definition
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