Tangible Evidence Flashcards

(6 cards)

1
Q

Authentication: Real Evidence

A

Authenticated by

-personal knowledge
-Distinct features
-Chain of custody

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2
Q

Authentication: Documentary Evidence

A

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)

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3
Q

Authentication: Oral Evidence

A

authenticated By

  • Voice Recognition
  • Saying details only the other person would know
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4
Q

Best Evidence Rule: Definition

A

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

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5
Q

Best Evidence: Duplicates

A

Duplicates are usually okay unless there is doubt as to their validity

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6
Q

Best Evidence: Exceptions

A

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

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