Filters
Question type
Study Flashcards

A handwritten document must be authenticated before it can be considered for admission into evidence. In order to authenticate a handwritten document, the party offering the document:


A) may have a person who has sufficient familiarity with the handwriting of the document's purported author offer an opinion concerning the identity of the author of the document.
B) prior to trial and for trial purposes, may have a person study the handwriting of the person who is supposed to be the author and offer an opinion concerning who wrote the document in question.
C) must qualify an expert witness schooled in the art and science of questioned documents to offer an opinion concerning who wrote the document sought to be introduced.
D) may ask that the judge permit the jury to make a comparison between the supposed author's handwriting and the known handwriting sample of the author.

E) A) and D)
F) None of the above

Correct Answer

verifed

verified

A

Federal Rule 1002 refers to the principle that the original document (except as otherwise provided) must be produced for admission. In accordance with the provisions of this rule, as interpreted:


A) the party who offers a document other than the original must prove fraud.
B) production of the document is not required simply because the document contains facts that are also testified to by a witness.
C) if a witness testifies about matters that are also included in a written document, that document must be authenticated and introduced.
D) the best evidence rule does not apply to photographs, because photographs are not documents.

E) A) and D)
F) B) and D)

Correct Answer

verifed

verified

A defendant who was in incarcerated at a local jail because he had been arrested on a robbery charge wrote letters to his mother and to his girlfriend that were photocopied by jail security personnel. The letters clearly indicated an intimate knowledge of the charged crime and offered suggestions on how the defendant's girlfriend and mother should construct their testimony in order to help the defendant avoid a conviction. The return address listed the name of the defendant and his inmate number. The letters contained pet names for the girlfriend and clearly indicated that he knew how his mother's house was designed. If the defendant objects that the letters to his girlfriend and mother cannot be authenticated through the above data,


A) the judge should rule that the letters have been properly authenticated because jail personnel saw them, they came from the defendant and had his prison number on them, and information known primarily by the defendant was contained within the letters.
B) the recipients of the letters would have to come to court and testify that they received the letters from the defendant in order to authenticate them.
C) the letters cannot be authenticated because the defendant cannot be forced to take the witness stand, and only he would know who actually wrote the letters.
D) the only way to authenticate the letters would be to have a handwriting expert compare known samples of the defendant's writing with the writing that was contained within the questioned letters.

E) A) and B)
F) B) and C)

Correct Answer

verifed

verified

If a writing qualifies as a duplicate original:


A) such a writing is not admissible without proof concerning why the original was not available.
B) it may be admissible if properly authenticated but will not carry the same evidentiary weight as the original writing.
C) it may be admitted as evidence to corroborate the original writing only if the original writing has been properly authenticated.
D) it may be admitted as if it were the original writing as long as it has been properly authenticated.

E) A) and B)
F) B) and C)

Correct Answer

verifed

verified

B, D

Distinguish among documentary evidence, oral testimony, and real evidence. Give an example of each.

Correct Answer

Answered by ExamLex AI

Answered by ExamLex AI

Documentary evidence refers to any writt...

View Answer

In McKeehan v. State, defendant McKeehan was found guilty by a jury of robbery with a firearm, grand theft, aggravated assault with a firearm, and kidnapping with intent to commit a felony. All of these crimes were purportedly committed at a Sleep Inn Motel in Orlando. At the trial, an officer was permitted to orally identify the defendant from a security video from a different motel where other crimes had occurred. The video from the other motel was not shown, and the officer's identification of the defendant was important to the state's case. The reviewing court decided that:


A) the state's failure to introduce the original was not an error.
B) the state statute requiring the original video to be admitted has no exceptions.
C) because there was no evidence that the video was taken correctly at the second motel, they were improperly admitted.
D) because the original video should have been admitted, there was a violation of the best evidence rule, and the reviewing court reversed the conviction.

E) A) and B)
F) A) and C)

Correct Answer

verifed

verified

A statement by a coroner contained within a death certificate that the deceased person committed suicide, where there was no witness to the infliction of the wound from which the person died:


A) is an official record and cannot be contradicted by other evidence.
B) is admissible only if certified by the elected coroner.
C) is an opinion of the coroner or medical examiner and can be disputed in the trial of a case involving the question of whether the person committed suicide.
D) may be admitted as a self-authenticating public document since it would contain only objectively correct information and the document could not be contradicted.

E) A) and B)
F) A) and D)

Correct Answer

verifed

verified

What proof must be offered in court as a condition of the admissibility of secondary evidence rather than the best evidence? Give some examples of secondary evidence.

Correct Answer

Answered by ExamLex AI

Answered by ExamLex AI

The proof that must be offered in court ...

View Answer

What is the rationale for authorizing the use of summaries of material in documents rather than the documents themselves? What is meant by laying a proper foundation for the use of summaries?

Correct Answer

Answered by ExamLex AI

Answered by ExamLex AI

The rationale for authorizing the use of...

View Answer

Probably the most common method of proving the authenticity of a document is:


A) proof of signing.
B) circumstantial evidence.
C) laying a foundation.
D) comparison of signatures.

E) All of the above
F) B) and D)

Correct Answer

verifed

verified

In order to introduce a 911 call recording, it must be first authenticated as being the genuine recording. To authenticate a 911 tape, the party offering the audiotape as evidence:


A) should have the 911 operator testify that the call came to his call station as a method of proving its genuine nature.
B) must have expert voice examiners listen and compare the unknown sample of the 911 tape with the sample of the voice that is purported to be the speaker.
C) could have the person who called 911 listen to the tape and identify her voice as the voice that made the emergency recording.
D) prior to trial and for trial purposes, may have a person listen to known samples of the purported subject's voice and compare it to the questioned recorded voice and offer an opinion concerning the identity and authenticity of the unknown voice.

E) C) and D)
F) B) and C)

Correct Answer

verifed

verified

When considering the admissibility of documentary evidence:


A) it is apparent that there is no difference between documentary and real evidence.
B) one must be aware that documentary evidence does not carry as much weight as oral testimony.
C) it is fundamental that documentary evidence meet the same general requirements as to relevancy, competency, and materiality as oral testimony.
D) one is reminded that the courts have held that the hearsay rule does not apply in the case of documentary evidence.

E) A) and B)
F) A) and C)

Correct Answer

verifed

verified

Examples of documentary evidence that must be authenticated prior to being emitted into trial evidence, include:


A) letters, photographs, and newspapers.
B) digital videotape, text messages, and films.
C) birth records, death records, and marriage records.
D) All of the above may be considered documentary evidence under the rules of evidence.

E) C) and D)
F) B) and D)

Correct Answer

verifed

verified

In McKeehan v. State, defendant McKeehan was found guilty of robbery with a firearm, grand theft, aggravated assault with a firearm, and kidnapping with intent to commit a felony. All of these crimes were allegedly committed at a Sleep Inn Motel in Orlando. An officer was permitted to orally identify the defendant from a security video at a different motel from where the crimes occurred. The video from the other motel was not shown. On appeal, McKeehan asserted that the trial court committed error in violating the best evidence rule by allowing the state to use oral testimony to prove the contents of a videotape (a writing), rather than with the tape itself. Did the appellate court affirm or reverse based on the admission of the officer's statements? Did this practice violate the best evidence rule? Why or why not? Would the harmless error rule help the government?

Correct Answer

Answered by ExamLex AI

Answered by ExamLex AI

The appellate court affirmed the trial c...

View Answer

Unless documents are self-authenticating, a foundation must be established for admissibility. There are four methods of proof. Name three of them. How is the foundation established?

Correct Answer

Answered by ExamLex AI

Answered by ExamLex AI

In the context of legal proceedings, est...

View Answer

Official records made by a public officer who was under a duty to keep records of transactions are:


A) ordinarily admissible in evidence even though not verified by the person who actually made the entries.
B) not admissible unless the person who made the entries testifies as to the accuracy of the entries.
C) considered ancient documents and therefore are admissible as genuine.
D) only hearsay and therefore not admissible.

E) A) and B)
F) B) and C)

Correct Answer

verifed

verified

A

In order for a document to be considered self-authenticating:


A) the party wishing to introduce the document need only to vouch for its authenticity in order for it to be properly admitted into evidence.
B) both parties stipulate to the authenticity of the document and then it will be considered as self-authenticating.
C) some outside evidence, however minimal, is required to consider the document as self-authenticating.
D) there must be proof within the context of the document that indicates its genuine status and that it is what it purports to be.

E) All of the above
F) None of the above

Correct Answer

verifed

verified

In some instances, authenticity is taken as sufficiently established for purposes of admissibility without extrinsic evidence to that effect. This is known as:


A) relevant evidence.
B) secondary evidence.
C) a summary.
D) self-authentication.

E) A) and D)
F) None of the above

Correct Answer

verifed

verified

In some instances, where documentary evidence is voluminous, summaries may be used. In this event:


A) it is usually not necessary that the records or materials summarized be made accessible to the opposing party.
B) the expert witness who prepared the summary is not subject to cross-examination.
C) it is not necessary to lay a foundation with reference to the admissibility of the originals.
D) it must be shown that the summary accurately summarizes the material involved and does not refer to information not contained in the original.

E) A) and B)
F) None of the above

Correct Answer

verifed

verified

The best evidence rule:


A) is of recent origin (after 1900) .
B) generally requires the production of the original writing unless the offering party demonstrates proper excuse for the failure to present the original.
C) usually requires the production of the best evidence in every case and prohibits the admission of secondary evidence in most all cases.
D) has not been expanded to include computer printouts.

E) A) and C)
F) B) and C)

Correct Answer

verifed

verified

Showing 1 - 20 of 38

Related Exams

Exam 1

The Study of Evidence: History, Development, and Approach

32 Questions

Exam 2

Burden of Proof

43 Questions

Exam 3

Proof Via Evidence

53 Questions

Exam 4

Substitutes for Admission of Evidence

51 Questions

Exam 5

Relevancy and Materiality

37 Questions

Exam 6

Competency of Evidence and Witnesses

36 Questions

Exam 7

Examination of Witnesses

50 Questions

Exam 8

Privileges

40 Questions

Exam 9

Opinions and Expert Testimony

41 Questions

Exam 10

Hearsay Rule and Exceptions

43 Questions

Exam 12

Real Evidence

42 Questions

Exam 13

Results of Examinations and Tests

36 Questions

Exam 14

Evidence Unconstitutionally Obtained

66 Questions

Show Answer