Authentication + Best Evidence

Question 1

FRE 901 is about ____

Answer 1

authenticating/identifying evidence

Question 2

FRE 901(a) says to authenticate must ___

Answer 2

produce evidence sufficient to produce finding it is what they say it is

Question 3

The 901 standard is ___

Answer 3

low like 104(b)

Question 4

901(b)(1) is about ___

Answer 4

testimony of witness with knowledge that item is what it is claimed to be

Question 5

901(b)(2) is about ___

Answer 5

nonexpert opinion about handwriting

Question 6

901(b)(3) is about ___

Answer 6

comparison with authenticated specimen by expert witness or trier of fact

Question 7

901(b)(4) is about ____

Answer 7

distinctive characteristics

Question 8

901(b)(5) is about ___

Answer 8

opinion about identifying a person’s voice

Question 9

901(b)(6) is about _

Answer 9

evidence about phone convo

Question 10

901(b)(7) is about evidence about ____

Answer 10

public records

Question 11

901(b)(8) is concerns evidence about ____

Answer 11

ancient documents or data compilations

Question 12

901(b)(9) is about evidence concerning ____

Answer 12

process or system

Question 13

FRE 902 is about

Answer 13

evidence that is self-authenticating

Question 14

Types of evidence that are self-authenticating

Answer 14

• public documents/copies
• publications
• acknowledged documents

Question 15

The Authentication standard is similar to Huddleston in that does the judge __

Answer 15

think reasonable jury could reach conclusion to admit by preponderance

Question 16

Authentication gets evidence in the door but ____

Answer 16

jury can still reject and/or decide what weight to give it

Question 17

Car accident photo taken by Vince. How to authenticate?

Answer 17

Does this fairly and accurately depict the accident?

Question 18

Car accident photo taken by Vince. Bystander took photo then gives to Vince. How to authenticate?

Answer 18

Ask Vince, how did you get the photos?

Question 19

Fake credit cards. How to authenticate?

Answer 19

Did you take CCs from D

Question 20

Weed taken by police officer How to link to D?

Answer 20

This is from D? Did you seal in case fil and store in untampered and noted evidence bag?

Question 21

Linking money order forms to Vigneau?

Answer 21

handwriting expert, 901(b)(2)

Question 22

Anonymous note that said bank robbers switched cars, IDed the cars

Answer 22

Admit, don’t need to authenticate who wrote it bc introducing as anon note

Not hearsay, 803(1) or effect on police

CC – informal so probably can come in

Question 23

Cashier testifies at trial after being robbed by Thelma/Louise. Videotape of robbery admitted.
1) Authentication?

Answer 23

Authenticate, ask if fairly and accurately depicts?

Question 24

Cashier testifies at trial after being robbed by Thelma/Louise. Videotape of robbery admitted.
2) Assume cashier dies. Can store owner authenticate?

Answer 24

Can authenticate through chain of custody
Do you collect video recordings, do you check it regularly, is this your store?

Question 25

FRE 1002 is about ___

Answer 25

best evidence rule, requirement of the original

Question 26

FRE 1002 says that ______ unless rules or federal statute provides otherwise

Answer 26

original writing, recording or photo required to prove its content

Question 27

FRE 1003 is about ___

Answer 27

admissibility of duplicates

Question 28

FRE 1003 says that a duplicate is admissible to same extent as the original unless ___

Answer 28

genuine question raised about original's authenticity or circumstances unfair to admit duplicate

Question 29

FRE 1004 is essentially about ___

Answer 29

when best evidence rule can be excused because of who had control of evidence

Question 30

FRE 1004 applies when

Answer 30

- all originals lost destroyed - an OG can't be obtained by any available judicial process - party against whom offered on notice and fails to produce it - not closely related to controlling issue

Question 31

I know X because I saw it in writing

Answer 31

BER triggered, opponent can demand production of writing

Question 32

UC officer secretly tapes call with Louie, who is trying to sell him stolen merch. Later officer testifies Louie tried to sell stolen merch. Pros does not offer tape.

Answer 32

No BER, officer doesn't know about stolen merch because of listening to recording but firsthand bc of call

Question 33

Benny admitted to being seller to FBI agent orally and in signed confession

Answer 33

NO BER for oral BER for signed confession if seeking to prove content

Question 34

Law school director says student lied about graduating from college on her app. Does not offer written app

Answer 34

BER

Question 35

Mom wrote second will

Answer 35

No BER (not to prove contents)

Question 36

Mom wrote second will, which left everything to me.

Answer 36

BER

Question 37

Lamarre, called as a witness, lies under oath. Rogers sitting in courtroom later testifies that Lamarre lied. Govt does not offer transcript

Answer 37

No BER, not proving contents of writing, testifying based on firsthand knowledge

Question 38

Neighbor writes down license plate number and testifies to number. BER objection based on the fact that neighbor should produce card upon which card is written down?

Answer 38

No BER, based on her memory not the writing

Question 39

Neighbor writes down license plate number and testifies to number. Defendant insists license plate itself should be admitted

Answer 39

Perhaps BER bc proving license plate based on license plate BUT 1004(c) means BER doesn't apply if party against whom offered had control over it

Question 40

Neighbor writes down license plate number and testifies to number. Issue is whether D confessed. Investigator peeked into D's house and saw written confession to crime; investigator testifies. D objects "Show me the confession"!

Answer 40

BER, 1004(c) doesn't apply because could've taken pic of it

Question 41

DEA agent: when I boarded the boat in US waters, I seized drugs and saw boat owner's GPS that said boat had traveled from Mexican waters ---> testimony about GPS but doesn't have GPS

Answer 41

BER and evidence was in govt's control; gov could've taken picture or seized GPS devices so 1004(c) doesn't apply, wasn't in D's control

Question 42

Key question to 1004(c) is

Answer 42

who has control and who can be blamed for not having original?

Question 43

Seiler said Lucas stole his drawings for Star Wars film. Lucas says BER, produce original drawings (which Seiler can't)

Answer 43

BER issue, 1004 doesn't help no reason why D couldn't produce the originals