Deck 8: Documentary Evidence, Models, Maps, and Diagrams

Question 1

To introduce a ransom note into evidence, the offering party must establish all of the following, except:

A) The document must be relevant.
B) The document's probative value must outweigh any prejudicial impact it may have.
C) The contents of the document must be accurate.
D) The document must be genuine.

Answer 1

C

Question 2

Which of the following are reasons why a document must be authenticated?

A) To ensure that a document introduced at trial meets a minimum standard of reliability
B) To ensure that a document introduced at trial is not a forgery
C) To establish that a document does, in fact, exist
D) All of the above
E) Only b and c

Answer 2

D

Question 3

Bob's handwriting can be authenticated by:

A) Anyone familiar with Bob's handwriting
B) Only a qualified handwriting expert
C) A co-conspirator who saw Bob write the ransom note
D) All of the above
E) Only a and b

Answer 3

D

Question 4

Attorney Brown intends to introduce at trial an ancient document and intends to do so without authentication. What criteria must be met in order for Attorney Brown to get the document admitted without authentication?

A) The document must appear to be genuine and must show no indication of modification or forgery.
B) The document must be authenticated by someone who is familiar with the document's creator and can attest to the reliability of the document.
C) The document must have been handled as an original document and kept in a secure and safe location.
D) All of the above are required.
E) Only a and c are required.

Question 5

Which of the following statement is true regarding authentication of a document?

A) The party introducing the document bears the burden of authenticating the document.
B) The party against whom the document is offered has the burden of disproving the authenticity of the document.
C) Once authenticated, the jury adjudicating the defendant's guilt or innocence must accept the document as fact.
D) Once authenticated, the opposing party cannot question the document's contents.

Question 6

Under the Federal Rules of Evidence an ancient document must be at least _______ years old to qualify as ancient.

A) 10
B) 20
C) 30
D) 50

Question 7

Documents can be authenticated by:

A) Witness testimony
B) A lay opinion on the handwriting in the document
C) A handwriting expert
D) All of the above.

Question 8

______________ are documents that require no independent proof of their identity.

A) Relevant authentic documents
B) Authentic documents
C) Self-authenticating documents
D) Demonstrated authentic documents

Question 9

Self-authentication is useful at trial because:

A) It eliminates the need for authenticating testimony.
B) It saves money by not having to produce an authenticating witness.
C) It produces evidence that cannot be challenged by opposing counsel.
D) Only a and b are correct.

Question 10

Some documents are considered self-authenticating because:

A) They are introduced by an expert witness at trial.
B) Their authenticity is clear from the face of the document.
C) Their accuracy is beyond reproach.
D) Opposing counsel does not object to their admissibility.

Question 11

A death certificate is considered self-authenticating only when:

A) The certificate bears the official seal of the relevant government agency, and the certificate is signed by an authorized government official indicating that the document is a true copy of the original.
B) The certificate bears the official seal of the relevant government agency, and the certificate is signed by an authorized government official indicating that the document is the original document.
C) The certificate bears the official seal of the relevant government agency, and the proponent of the document produces a sworn statement from the government official attesting to the document's authenticity.
D) The certificate is signed by an authorized government official indicating that the document is the original document, and the proponent of the document produces a sworn statement from the government official attesting to the document's authenticity.

Question 12

Types of visual images that require authentication include all of the following, except:

A) Photographs
B) X-rays
C) Eyewitness observations
D) Video recordings

Question 13

Which of the following is not required to authenticate a photograph?

A) A showing that the photograph is an accurate portrayal of what it purports to show
B) A showing that the photograph captures the view at the time of the crime or shortly thereafter
C) A showing that the photograph was taken prior to any change in circumstances at the scene
D) A showing that the photograph was taken by a professional photographer

Question 14

Before a judge can admit a photograph into evidence:

A) The judge must call for and listen to evidentiary challenges to the photograph from opposing counsel.
B) The judge must balance the probative value of the evidence against its prejudicial impact.
C) The judge must instruct the jury of the photograph's gruesome nature.
D) The judge must inquire as to the expertise and bias of the photographer.

Question 15

Challenges that can be raised when an opposing party attempts to introduce a photograph into evidence include:

A) That the photograph is overly prejudicial
B) That the photograph was taken in a manner that distorts the scene
C) That the photograph was taken recently and not close in time to the event
D) All of the above

Question 16

_____________________ allows the authentication of a video from a surveillance camera in those instances where there is no individual able to testify based on personal knowledge that the tape fairly and accurately portrays events.

A) Federal Rule 901
B) The silent witness theory
C) The best evidence rule
D) Frye v. United States

Question 17

If a photograph or video recording is offered and authenticated:

A) he court must admit the photograph or video recording into evidence.
B) Whether or not the photograph or video recording is admitted into evidence is subject to the discretion of the court.
C) The court must instruct the jury of the evidentiary value of the photograph or video recording.
D) The photograph or video recording can be viewed by the jury in an edited version.

Question 18

Under the silent witness theory, which of the following is not part of the authentication process?

A) Someone must testify that the video tape from a surveillance camera fairly and accurately portrays the events that occurred based on his or her personal knowledge.
B) The video tape from the surveillance camera depicts a date and time.
C) The video tape from the surveillance camera shows no evidence of having been edited or tampered with.
D) There is testimony identifying individuals depicted in the video tape from the surveillance camera.

Question 19

The authentication of medical images requires all of the following, except:

A) A demonstration that the process used to capture the images is accurate
B) That the images are an accurate representation of the patient's condition
C) That the machine that took the images was in functioning order and operated by a qualified technician
D) That there was a clear custodial chain of evidence

Question 20

Which of the following statements is true about voice communication as evidence?

A) Voice communications must be authenticated when a party wants to establish that a statement was made by a specific person.
B) Voice communications are inadmissible as evidence as unreliable evidence.
C) Voice communications are admissible only when the person who was recorded authenticates the communication.
D) Voice communications must be authenticated by the opposing party before being introduced into any legal proceeding.

Question 21

Under Federal Rule of Evidence 901, voice communications can be authenticated by:

A) Any individual who is familiar with the individual's voice
B) The fact that the speaker disclosed knowledge of specific facts within the particular knowledge of an individual
C) An expert witness
D) Any of the above

Question 22

_____________ in Federal Rule 1002 requires that "to prove the content of writing, recording, or photograph, the original writing, recording, or photograph is required except as otherwise provided."

A) Authentication of documented evidence rule
B) The best evidence rule
C) The original submittal rule
D) The self-authentication rule.

Question 23

Under Federal Rule 1002, which of the following would qualify as an original writing?

A) The negative of a photograph
B) The copy of a restaurant check provided to the customer
C) A carbon copy of a document
D) All of the above
E) Only a and c

Question 24

A party is required to produce the original writing in all of the following circumstances, except when:

A) The party seeks to prove the contents of the writing
B) The party seeks to prove that the document records the subject of the witness's testimony
C) The party seeks to prove that the signature on the document is the that of the witness
D) The party seeks to prove the essence of the agreement between the parties

Question 25

Federal Rule 1004 provides four circumstances when an original document is not required. The four circumstances include all of the following, except:

A) The person who has possession of the original document is outside of the court's jurisdiction, and there is no legal mechanism in place to obtain the document.
B) The party who plans to introduce the document has destroyed the document as part of normal business practices.
C) The document is important to the case, and its contents are central to establishing a material fact.
D) The party against whom the document is admitted has possession of the original document and refuses to produce it.

Question 26

Evidence, such as oral testimony, that a party seeks to rely on to prove the contents of an original document is:

A) Inadmissible evidence
B) Secondary evidence
C) Hearsay evidence
D) Immaterial evidence

Question 27

What is the purpose of using models or diagrams in a trial?

A) To confuse the jury
B) To support hypothetical theories
C) To illustrate testimony
D) To establish motive

Question 28

All of the following criteria are required in order for a party to use a computer-generated three-dimensional image, except:

A) The item being offered is a reasonable replica of the object being portrayed.
B) The replica is to scale.
C) The replica is supported by expert testimony as to its accurate depiction of the original.
D) The replica's dimensions are proportionate to the original.

Question 29

The right against self-incrimination applies to which of the following?

A) Requiring a defendant to reveal identifying characteristics
B) Requiring the defendant to provide a handwriting sample
C) Requiring the defendant to give testimony at trial
D) All of the above

Question 30

Which of the following statements are true about documentary evidence?

A) The documents must be relevant.
B) The document's probative value must outweigh any resulting prejudice.
C) The party introducing the documentary evidence must authenticate the document.
D) Only a and b are true.
E) All of the above are true.

Question 31

Authentication requirements under common law:

A) Required the authentication of any item of evidence
B) Were limited to documents
C) Are the same as the requirements under the Federal Rules of Evidence
D) Both a and c

Question 32

Which of the following individuals would be permitted to authenticate defendant Tom Smith's handwriting at trial?

A) Mary Smith, Tom's mother, who regularly received letters from Tom while he was in custody awaiting his trial
B) Jerry, Tom's cellmate, who often read Tom's handwritten letters to his attorney
C) Harry, Tom's co-defendant, who watched Tom write the document in question
D) All of the above
E) None of the above

Question 33

Which of the following persons would qualify to give testimony concerning the detection of erasures or modifications to a document that is being introduced in trial?

A) A handwriting expert
B) A forensics document examiner
C) A lay person who is familiar with the author's handwriting
D) None of the above.

Question 34

Documents that require proof of their authenticity are called:

A) Forged documents
B) Unauthenticated documents
C) Self-authenticating documents
D) Best evidence

Question 35

What is required of foreign government records to have the documents be self-authenticating?

A) A representative of the issuing government must deliver the documents directly to the court.
B) A certificate of genuineness signed by a responsible official must accompany the documents.
C) An official from the issuing government must appear as a witness and testify to the document's authenticity.
D) Foreign government records can never be self-authenticating.

Question 36

Authentication of a document means establishing that the document is accurate or truthful.

Question 37

Methods of authenticating evidence are limited to those methods specifically outlined in Federal Rule of Evidence 910.

Question 38

Compelling an accused to produce a handwriting exemplar does not violate the accused's right against self-incrimination.

Question 39

Mary's attorney introduces and gets admitted into evidence a document specially identified in Rule 902 as self-authenticating. The opposing attorney's attempt to inauthentic the document will not be allowed since the documents authenticity has already been conclusively established.

Question 40

Under Federal Rule 902, a newspaper is a type of self-authenticating document.

Question 41

A medical image, such as an X-ray, is authenticated by testimony that it is an accurate representation of a patient's condition.

Question 42

A photograph can by authenticated only by the testimony of the person who actually took the photograph.

Question 43

Courts typically allow the use of replica models to illustrate testimony.

Question 44

The best evidence rule applies to all types of demonstrative evidence.

Question 45

A rough draft of a document is an example of secondary evidence.

Question 46

X-rays are a type of evidence that must be authenticated.

Question 47

The court must admit video recording into evidence if the offering party demonstrates that the video recording is relevant and is authenticated.

Question 48

The voice on an audio recording can be authenticated based on the fact that the speaker disclosed knowledge of specific facts within the particular knowledge of that person.

Question 49

Under the Federal Rules of Evidence, in most instances, a duplicate of a document may be admitted to the same extent as the original.

Question 50

Requiring the defendant to reveal a tattoo on his upper thigh in court is within the judge's discretion.

Question 51

Explain why some documents are self-authenticating.

Question 52

Explain why documents must be authenticated.

Question 53

What are the requirements for authenticating a medical image?

Question 54

Explain why the best evidence rule has lost much of its significance in today's courtrooms?

Question 55

How does a court handle an in-court exhibition of a physical characteristic when revealing the physical characteristic in open court would be embarrassing?

Question 56

Explain how the ancient documents rule was used against certain persons who immigrated to America following World War II.

Question 57

Why has the Federal Rules of Evidence expanded the authentication requirement beyond the common law requirement that authentication pertained solely to documents that were offered into evidence at trial?

Question 58

In most instances, the Federal Rules of Evidence allow for the admission of a duplicate to the same extent as the original. Under what circumstances do the Rules find a duplicate not an acceptable alternative to the original document?

Question 59

What factors justify the Federal Rules of Evidence determination that some documents are self-authenticating?