Question 1

The "original" is the document itself and any copies the person making the document intended to have the same effect as the original.

Accepted Answer

The original document and its intended copies are considered equivalent in terms of legal or practical effect.

Question 2

An acknowledgement is a form signed by a person who has compared a copy of a document to the original and verified that there are no alterations.

Accepted Answer

An acknowledgement is a formal declaration by a person that they have willingly signed a document, often made before a notary public, and does not necessarily involve comparing a copy of the document to the original for alterations.

Question 3

Advanced laser techniques make it possible to determine when a written document was produced.

Accepted Answer

Advanced laser techniques can analyze the composition of inks, papers, and materials, and sometimes provide information about the age of those materials, but they cannot precisely determine the exact date a document was produced. Dating a document often relies on a combination of methods including historical context, material analysis, and sometimes radiocarbon dating for older documents, but none offer a precise production date.

Question 4

The Penal Code officially published by your state, but not those printed by private publishers, is self-authenticating.

Accepted Answer

According to Federal Rule of Evidence 902(4), copies of public records that are "authenticated as required by law" are self-authenticating. In this case, the Penal Code published by the state would be considered a public record and therefore self-authenticating.

Question 5

The comparison of typed documents is more accurate today than it has been in the past.

Accepted Answer

The answer of The comparison of typed documents is more...

Question 6

When an investigator finds a computer while serving a search warrant, the computer should be turned on and an inventory made of all files on the computer's hard drive.

Accepted Answer

Turning on a computer can alter the data and potentially damage evidence. The correct procedure is to safely power down the computer if necessary and forensically image the hard drive for analysis.

Question 7

A forensic document examiner bases his/her conclusions regarding handwritten documents solely on the shapes of the letters.

Accepted Answer

A forensic document examiner considers various factors such as pen pressure, ink, spacing, alignment, writing speed, and movement in addition to the shapes of the letters to reach conclusions about the authenticity or authorship of a document.

Question 8

Statements made by eye witnesses recorded in a report made by a police officer who was dispatched to the scene of a crime are admissible in court under the Public Records Exception to the Hearsay Rule.

Accepted Answer

Statements made by eye witnesses recorded in a police report are generally considered hearsay and do not fall under the Public Records Exception if they are offered in court to prove the truth of the matter asserted. The Public Records Exception typically applies to the record's creation and factual findings from a legally authorized investigation, not to the recorded statements of witnesses.

Question 9

All documents must be authenticated except those with the seal of a notary or a government agency.

Accepted Answer

Documents with the seal of a notary or a government agency are already considered authenticated, so they do not need further authentication.

Question 10

If lay witnesses authenticate a handwritten document, the opposing side will NOT be allowed to call a forensic document examiner to establish that the document is a forgery.

Accepted Answer

Lay witnesses can testify to the authenticity of a handwritten document, but this does not necessarily preclude the opposing side from calling a forensic document examiner to dispute the authenticity or allege forgery. The weight given to each witness's testimony would be evaluated by the court.

Question 11

Testimony of a person who was present when a document was prepared would be admissible at trial if the document was destroyed by accident.

Accepted Answer

Testimony of a person who was present when a document was prepared would be admissible at trial as an exception to the hearsay rule if the document was destroyed by accident. This is known as the "ancient document rule." Under this rule, the absence of an original document may be proved by secondary evidence, including the testimony of a witness who has knowledge of the content of the missing document.

Question 12

Computer-generated animation is admissible in court only if it is based on photographs of the scene in question.

Accepted Answer

Computer-generated animation may be admissible in court if it is based on reliable data and methodology, not just photographs. However, there may be specific rules and requirements for the use of such animation as evidence.

Question 13

All documents stored on computers used by a business are covered by the Business Records Exception to the Hearsay Rule if a technician testifies that the system has not been "hacked.".

Accepted Answer

The Business Records Exception to the Hearsay Rule applies to documents kept in the regular course of business, regardless of whether a technician testifies that the system has not been hacked. The authenticity and reliability of the documents may still be challenged, but the hearsay rule does not automatically exclude them.

Question 14

All types of documentary evidence must be authenticated prior to being admitted into evidence.

Accepted Answer

This is true. Documentary evidence, such as written records, photographs, or recordings, must be authenticated by someone with personal knowledge relating to its origin or authorship. This is to ensure that the evidence is reliable and accurate before being presented to the court.

Question 15

The ancient documents rule is only used when there are no official records regarding the event in question.

Accepted Answer

The ancient documents rule is used to supplement official records or in cases where official records are insufficient or absent, not just when there are no official records at all.

Question 16

Primary evidence, as the term is used when introducing documents at trial, means the original document or a duplicate.

Accepted Answer

Primary evidence refers to the original document, or a duplicate of the original, that is presented as evidence during a trial.

Question 17

The definition of "document" used in evidence includes materials containing words and symbols as well as those that contain visual or audio information.

Accepted Answer

This is true. The definition of "document" in evidence law is broad and includes materials that contain any sort of information, whether it be written, symbolic, visual, or audio.

Question 18

A document can be authenticated by the testimony of a person who saw the document being made.

Accepted Answer

If a person testifies that they saw a document being made, it can serve as evidence to authenticate the document. However, this is just one of many methods of document authentication and other factors may also be considered.

Question 19

Stock market reports in the New York Times are not admissible to show the value of stock unless they are authenticated by employees of the New York Stock Exchange.

Accepted Answer

The statement is false. The value of a stock can be shown through various reliable sources, not just authenticated reports from employees of the NYSE.

Question 20

A document is authenticated by establishing that all of the facts stated in the document are true and accurate.

Accepted Answer

A document is authenticated by verifying its origin and ensuring its integrity, not by confirming the accuracy of its content.

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