Authentication
Evidence sufficient to support a finding is how you...
Get a piece of evidence to the authentication step!
*Then the jury decides if they believe the thing/document is what you claim it is.
An expert or jury can compare handwriting to a known sample; OR a...
Lay witness with personal knowledge of the handwriting!
*Must have knowledge of writing BEFORE litigation - can't pick a stranger off the street to compare samples
What should the best evidence rule be called?
NO DESCRIBING EVIDENCE UNLESS YOU REALLY NEED TO.
Are you allowed to introduce a document that another party wrote discussing an issue that is presented at trial?
Yes!
*A party wrote a letter in which she said, "as you know, your lease permits you to have small dogs." At trial, an issue is the size of the dog that the tenant had. The letter can be introduced against that party as proof of what the lease said.
Authentication of a physical piece of evidence is usually done with...
- personal knowledge; and
- distinctive markings.
There are documents that self-authenticate such as public documents bearing govt. seal, certified copies or records, trade inscriptions.
There are documents that self-authenticate such as public documents bearing govt. seal, certified copies or records, trade inscriptions.
In general, duplicates are fine. True or False?
True!
*Only not allowed when there is a genuine question as to the authenticity or the original is required.
Re. Parol Evidence Rule: If there is evidence that would change the terms of a written contract, that evidence is...
Excluded!
*There is a contract that says you will paint the Professor's house and he will pay you $400. The contract explicitly states that it is COMPLETELY integrated. The parol evidence rule prevents the introduction of evidence that (before signing the contract) the Professor agreed to pay extra.
Chain of custody is an other way to...
Authenticate a physical/tangible item!
*technique accounting whereabout of an item along an unbroken chain
Will courts allow evidence re. collateral matter?
Yes!
*"I was reading the paper about how the yankees beat the Red Sox and all of a sudden, I look up and see the fire!"
What are some exceptions to the "Best Evidence Rule"?
May introduce other evidence of the contents IF:
- the original has been lost or destroyed (unless done by the other side in bad faith);
- the original cannot be obtained by any judicial process; or
- the party against whom the document is introduced had control of the original and KNEW it was going to be at issue at trial.
What does it mean for a contract to be completely integrated?
The contract contains ALL the terms of the agreement!
If a witness testifies that she has personal knowledge of the object, is that a way to authenticate it?
Yes!
Can you use certified copies of public records?
Yes!
If a contract is PARTIALLY integrated, evidence that would ________ are excluded!
Contradict!
*Evidence that would ADD TO the terms is allowed, however!
Can documentary evidence be stipulated by the parties as to the authentication?
Yes!
If there are documents such as 40 boxes of files and they can be condensed into a summary or chart, you may used those at trial. True or False?
True!
Extrinsic evidence regarding a contract can be admitted in order to...
- clarify ambiguity;
- prove a custom of trade/course of dealing;
- show fraud, duress, mistake, or illegal purpose; or
- show whether consideration has been paid.