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z-Best Evidence Doctrine
Evidence Law
29
Law
Graduate
05/02/2009

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Term
What are the requirements of the best evidence docrtine?
Definition
1) Applies only to writings, recordings or photographs
2) Contents must be in dispute
Term
If the event to be proved exists independently, does the best evidence doctrine apply?
Definition
No
Term
What is the standard of review applicable to the best evidence doctrine?
Definition
More than harmless error; must show the reviewing court a distortion or misrepresentation of words
Term
What are the factors in determining if an item is an "original"
Definition
1) Elements of the charge of claim
2) Intention of the parties
3) Surrounding circumstances
4) Purposes of party offering writing
Term
Original or Not original?

Photocopies of a customer's carbon copy of Master Card receipts offered in support of a false claim for government travel expenses
Definition
Originals-
Term
What is a duplicate?
Definition
Something that accurately reproudces the original
Term
Duplicate or Original?

1) Carbon Copy
2) Recording
3)Transcript
4) Print out of word document
5) Photocopy
Definition
1) Duplicate
2) Duplicate
3) Neither
4) duplicate
5) Original
Term
T or F

When the content of an writing is in disupte, either the original writing or a duplicate that accurately reflects the original will suffice
Definition
False;

Rule 1002:

To prove the content of a writing, recording or photograph (IN DISPUTE) the original writing, recording or photo is required
Term
Is the testimony of a subscribing witness necessary to authenticate a writing?
Definition
No; not unless required by the laws of the jurisdiction whose laws govern the validity of the writing
Term
What are the 4 exceptions to the best evidence doctrine? 4 situations in which the original is not required?
Definition
1) Original are lost or destroyed
2) Originals are not obtainable
3) Original in possession of opponent
4) Collateral matters
Term
In a letter from Sam to Tom, Sam changed the word yesterday to "tomorrow" - Would the best evidence doctrine require the new "altered" letter to be produced?
Definition
No; the letter would be considered "destroyed" even if a single word was changed and the best evidence doctrine would not apply
Term
If the proponent of the best evidnece doctrine destoyed the contents of the letter he was trying to use in bad faith, would the letter be considered "lost or destroyed" under the B.E.D.
Definition
No; other evidence of the contents of writings, recordings or photographs is not admissible if the proponent lost or destroyed the originals in bad faith
Term
What is the required for a document to be "unobtainable"
Definition
No original can be obtained by any judicial process or procedure
Term
In order for the proponent of evidence other than the original document to be allowed to introduce other evidence of the contents of a document that is in possession of the opponent, what is necessary?
Definition
The opponent was placed on notice that contents of writing was to be used and opponent fails or refuses to produce. ON
Term
Once an exception to the best evidence document has been established, what form of evidence is required?
Definition
Any form of secondary evidence, doesn't have to be duplicate.
Term
How may a copy of a public record be proved?
Definition
1) Certified as a copy
2) Testified to be correct by a witness
Term
If a copy of a public record can not be obtained by due dillgence, how may evidence of it's contents be proven?
Definition
By any other evidence.
Term
When will a "copy" be considered an original?
Definition
When it's the document most relevant to the litigation. It's the version of the writing that has evidentiary significance in the case, whether it's the first version or a copy
Term
What are the requirements in order for a summary, chart or calculation to be introduced into evidence?
Definition
1) Underlying document must be available and admissible
2) Court can order production if it choses
3) Must not be dishonest in summary
Term
What is the rule for admission of testimony or written admission of a party?
Definition
Contents of writings, recordings or photos may be proved by the testimony or deposition of the party against whom offered, or by that party's written admission WITHOUT ACCOUNTING FOR THE NONPRODUCTION OF THE ORIGINAL
Term
T or F

A written admission or an admission under sworn testimony about the terms of a writing is always usable to prove the terms of the writing
Definition
T
Term
An unsworn oral admission about the terms of a writing is always usable to prove the terms of the writing
Definition
False
Term
Do the FRE recognize degrees of secondary evidence?
Definition
no
Term
A duplicate is admissible to the same extent as an original unless ... (2 things)
Definition
1) A genuine question is raised as to the authenticity of the original

2) In the circumstances it would be unfair to admit the duplicate in lieu of the original
Term
Who decides if the dispute as to the original's authenticity is genuine?
Definition
Judge
Term
Who decides a question of fact concerning admissibility of other evidence of contents of writings, recordings or photos?
Definition
Judge
Term
Who decides the issue of whether an asserted writing ever existed?
Definition
Jury
Term
Who decides the issue of whether another writing produced at trial is the original?
Definition
Jury
Term
Who decides whether other evidence of contents correctly reflect the contents of a document?
Definition
Jury
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