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z- Authentication/Foundation
Evidence Law
25
Law
Graduate
05/02/2009

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Cards

Term
Who holds the burden of production and persuasion as to authentication?
Definition
proponent
Term
What role does the trial judge play in authentication?
Definition
Screening
Term
When may the jury's role in determining authenticity be preempted?
Definition
Where the evidence for or against authenticity is so compelling as to permit only one conclusion
Term
How may an opponent challenge authenticity?
Definition
Offering rebutting evidence
Term
Is authentication more significant in criminal or civil trials?
Definition
Criminal; few issues are ever resolved by stipulation in criminal trials
Term
In order for an item to be admissible, what must occur?
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)
Term
How may something be authenticated?
Definition
1) Testimony of a witness w/ knowledge (based on identifying characteristics of the time)
2) Chain of custody from scene to evidence looker
Term
In chain of custody testimony, must the original like testify?
Definition
Almost always
Term
If a link is broken in the chain of custody, is the evidence inadmissible?
Definition
No; breaks go to weight not admissiblity. They are a question for the jury
Term
How is a writing authenticated?
Definition
Showing who it's author is
Term
Is a signature enough to authenticate a writing?
Definition
no; the proponent must make some independent showing that the signature was made by the person who the proponent claims made it
Term
What are the ways of authenticating a document or writing?
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
Term
May a handwriting expert's testimony be based on comparison?
Definition
Yes; must be designed to insure the evidence is scientifically reliable
Term
May a non-expert testify based on comparisons and studies?
Definition
No; he must testify that he saw handwriting at sometime before trial and that he recognizes it
Term
May a letter be authenticated by the circumstantial fact that it appears to be a reply to a prior communication?
Definition
Yes, if the prior communiation is proved.
Term
How can an outgoing phone conversation be proved?
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)
Term
How can an incoming call be authenticated?
Definition
Self-authentication by the caller is not enough, some additional evidence is required.
Term
How may a mechanical transmission be authenticated
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)
Term
Do courts allow transcripts of tape recordings?
Definition
Yes; but they're split if the contents of the transcripts are in dispute
Term
How is an ancient document authenticated?
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
Term
What are 6 things that are self-authenticating?
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
Term
What are 2 ways of avoiding having to authenticate a document?
Definition
1) Admission
2) Stipulation
Term
How would you authenticate a surveillance camera?
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
Term
Is there a presumption of authenticity in criminal cases?
Definition
No; just civil
Term
Cases involving federal papers are goverened under what law?
Definition
UCC
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