Evidence Law - Real and Documentary Evidence

Practice flashcards covering the principles of real evidence, documentary evidence, authentication methods, and the best evidence rule as outlined in the legal lecture notes.

Real Evidence

Evidence addressed directly to the trier of fact where the object in issue is presented for inspection, typically involving the senses of sight or sound.

Direct Real Evidence

Real evidence offered to prove the facts about the object as an end in itself, such as exhibiting a permanent injury to a jury.

Circumstantial Real Evidence

Real evidence where facts about the object are proved as a basis for an inference that other facts are true, such as a child's appearance in a paternity case.

Original Real Evidence

Real evidence that had some actual connection with the transaction that is in question at the trial, such as an alleged murder weapon.

Prepared Real Evidence

Also known as “demonstrative evidence,” this category includes sketches or models made specifically to be shown to the trier of fact.

Authentication (Real Evidence)

The requirement that an object must be identified as being what the proponent claims it to be, supported by proof sufficient to allow a reasonable juror to find it genuine.

Recognition Testimony

A method of authentication where a witness identifies an object based on significant features or testifies that an object is similar to the one found at the scene.

Chain of Custody

An authentication method required for evidence that is easily tampered with, showing that the object has been held in a substantially unbroken chain of possession.

Reproductions

Items like photographs, movies, diagrams, and maps that are admissible if authenticated and not outweighed by the danger of unfair prejudice.

Explanatory Items

Illustrative aids such as skeletons or anatomy charts that are used as aids to testimony but are generally not admitted into evidence or given to the jury for deliberations.

Jury View

A discretionary procedure where the jury is permitted to view the premises or places at issue in the case, conducted by a disinterested court attaché.

Documentary Evidence

Evidence in the form of writings, which must be relevant and authenticated and generally must satisfy the best evidence and hearsay rules for admissibility.

Quantum of Proof (Authenticity)

Under Federal Rules $104(b)$ and $901$, the proponent needs only enough evidence to support a jury finding of genuineness, not a preponderance of the evidence.

Nonexpert Opinion (Handwriting)

Authentication of handwriting by a lay witness who has personal knowledge of the handwriting, provided the familiarity was not acquired solely for the purpose of testifying.

Comparison of Writings

A method of authentication where an expert witness or the trier of fact compares the questioned writing with a specimen proved to be genuine.

Ancient Documents (Federal Rule)

A document authenticated by evidence that it is at least $20$ years old, free from suspicion, and found in a place where such a writing would likely be kept.

Reply Letter Doctrine

A rule allowing a writing to be authenticated by evidence that it was written in response to a communication sent to the claimed author.

Voice Identification

The identification of a voice by the opinion of anyone who has heard the voice at any time, including familiarity gained solely for the purpose of testifying.

Self-Authenticating Documents

Certain writings, such as official publications, newspapers, trade inscriptions, and acknowledged documents, that do not require extrinsic evidence of authenticity.

Best Evidence Rule

Also known as the “original document rule,” it requires that the original writing, recording, or photograph be produced when proving its material terms.

Duplicate

A counterpart produced by a mechanical, photographic, or electronic process (like a photocopy) that accurately reproduces the original and is generally admissible to the same extent as an original.

Secondary Evidence

Evidence such as oral testimony or handwritten notes used to prove the contents of a writing only after a satisfactory explanation for the nonproduction of the original is provided.

Rule 1008

The Federal Rule reserving specific preliminary questions for the jury, including whether the original ever existed or if the evidence offered correctly reflects the contents of the original.