Evidence Essay Rules Flashcards
Memorize Evidence Essay Rules for Bar Prep (9 cards)
Subsequent Remedial Measure
When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of such subsequent measures are not admissible to prove negligence or culpable conduct.
Authentication
Tangible evidence is evidence that is not presented in the form of testimony by a witness and includes both documentary evidence (e.g., a letter) and physical objects. All tangible evidence must be authenticated, meaning the proponent must produce sufficient evidence to support a finding that the thing is what its proponent claims it is.
Authentication of Handwriting
Handwriting can be authenticated by (1) a lay witness with personal knowledge of the claimed author’s handwriting, or (2) an expert witness or trier of fact that compares the writing in question with another writing that was proven to be a genuine sample of the author’s handwriting.
Best Evidence Rule
The best evidence rule requires that the original document or a reliable duplicate be produced to prove the contents of a writing, recording or photograph including electronic documents, x-rays, and videos. This rule applies only when the contents of the document are at issue or a witness is relying on the contents of the document when testifying.
Duplicate (Best Evidence Rule)
A duplicate is a counterpart produced by any process or technique that accurately reproduces the original. A duplicate is admissible to the same extent as an original unless there is a genuine question as to the authenticity of the original or the circumstances make it unfair to admit the duplicate.
Original Document Not Available (Best Evidence)
The original is not required, and other evidence of its contents is admissible, if all of the originals are lost or destroyed through no fault of the proponent. In such cases, once the party has accounted for the absence of an original, the party may prove the contents of the writing, recording, or photograph by other means.
Hearsay
Hearsay is an out-of-court statement that is offered to prove the truth of the matter asserted and inadmissible unless it falls within an exception.
Statement Against Interest Exception to Hearsay
Applies when the declarant is unavailable, it was against the declarant’s interest at the time it was made, and it would not have been made by a reasonable person unless he believed it to be true. A statement that exposes the declarant to liability qualifies.
Physician-Patient Privilege
No common-law privilege, but most states protect such communications by statute, so long as the communications were made for the purpose of obtaining medical treatment. The patient holds the privilege which means only the patient may waive it.
