Tangible Evidence Flashcards
(6 cards)
Authentication: Real Evidence
Authenticated by
-personal knowledge
-Distinct features
-Chain of custody
Authentication: Documentary Evidence
Authenticated by
-stipulation
-Ancient document (20 year old and in place not likely to be altered)
-Handwriting authentication
-Self authenticating (government documents w seals usually)
Authentication: Oral Evidence
authenticated By
- Voice Recognition
- Saying details only the other person would know
Best Evidence Rule: Definition
Best evidence does not mean best evidence, it means if there is a physical copy, you cannot testify as to the contents of it, you have to show it
Best Evidence: Duplicates
Duplicates are usually okay unless there is doubt as to their validity
Best Evidence: Exceptions
the original is lost/destroyed through no fault of the proponent, the original cannot be obtained by any available process, or the other party had it and failed to bring it when they should have, voluminous documents