Question 1

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

Accepted Answer

Documentary evidence refers to any written or recorded evidence that is presented in court, such as contracts, emails, letters, or photographs. This type of evidence is tangible and can be reviewed by the judge and jury. An example of documentary evidence would be a signed contract between two parties.

Oral testimony, on the other hand, is evidence given by a witness who speaks under oath in court. This can include their personal account of events or their observations. An example of oral testimony would be a witness recounting what they saw during a car accident.

Real evidence is physical evidence that is presented in court, such as a weapon, a piece of clothing, or a vehicle. This type of evidence can be examined and analyzed by the court. An example of real evidence would be the actual weapon used in a crime.

In summary, documentary evidence is written or recorded evidence, oral testimony is evidence given by a witness, and real evidence is physical evidence. Each type of evidence plays a crucial role in the legal process and can be used to support or refute a case.

Question 2

Do rules of evidence, with respect to relevancy, competency, and materiality, apply to documentary evidence as they apply in the case of oral testimony? What other tests are peculiar to the use of documentary evidence?

Accepted Answer

Yes, the rules of evidence regarding relevancy, competency, and materiality apply to documentary evidence just as they do to oral testimony. Documentary evidence must be relevant to the case at hand, competent (meaning it must be authentic and not hearsay), and material to the issues being litigated.

In addition to these standard tests, there are other considerations that are peculiar to the use of documentary evidence. For example, the best evidence rule requires that the original document be presented in court, rather than a copy, unless certain exceptions apply. The authentication of documentary evidence also requires that its origin and integrity be established, often through the testimony of a witness who can verify its authenticity. Furthermore, the admissibility of documentary evidence may be subject to the rules of hearsay, which can impact its use in court proceedings.

Overall, while the basic principles of relevancy, competency, and materiality apply to both oral testimony and documentary evidence, there are additional tests and considerations that are specific to the use of documentary evidence in legal proceedings.

Question 3

What is meant by the statement that documentary evidence is not admissible until it has been authenticated? Must evidence that is introduced to authenticate a document be direct evidence? Explain.

Accepted Answer

The statement that documentary evidence is not admissible until it has been authenticated means that any written or recorded evidence, such as a document or a recording, cannot be used as evidence in a legal proceeding until its authenticity has been verified. This is to ensure that the evidence presented is reliable and can be trusted as accurate.

Evidence introduced to authenticate a document does not necessarily have to be direct evidence. Direct evidence is evidence that directly proves a fact, such as an eyewitness account. In the case of authenticating a document, indirect evidence can also be used, such as testimony from a witness who can verify the document's origin or chain of custody. Other forms of indirect evidence could include expert testimony or forensic analysis to confirm the document's authenticity.

In summary, the authentication of documentary evidence is a crucial step in the legal process to ensure the reliability and trustworthiness of the evidence presented. While direct evidence can be used to authenticate a document, indirect evidence can also be utilized to establish its authenticity.

Question 4

What is meant by self-authentication? Explain Federal Rule 902, and give examples of evidence conforming to this rule. List five types of writings that are considered self-authenticating under Rule 902 of the Federal Rules of Evidence.

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Question 5

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?

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Question 6

What is the rationale for admitting evidence from official records and public documents even though the person who made the documents is not testifying?

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The answer of What is the rationale for admitting evidence...

Question 7

Death certificates and certified autopsy reports are generally received in evidence as public records. What parts of such reports may be challenged?

Accepted Answer

The answer of Death certificates and certified autopsy reports are...

Question 8

What is the best evidence rule? Why have the courts adopted it? What are the provisions of Federal Rule 1002?

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Question 9

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.

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Question 10

What are the provisions of Federal Rule 1003? How does this differ from traditional state rules? Has this provision been adopted by any states? What is a "duplicate"?

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Question 11

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?

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Question 12

What is the basis for the rule that generally excludes medical and other scientific treatises as independent evidence of the theories and opinions expressed therein? Have any states adopted a contrary view?

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Question 13

In the case of Wilkerson v. State, the defendant sold drugs to an undercover cooperating witness who was being monitored by police and used an audiocassette recorder to record his transfer of money in exchange for some recreational drugs. The purchaser of the drugs was out of sight of the office for a few moments before the cooperating witness returned to the officer with drugs and the bait money gone. The actual exchange was not seen by the officer, but the audiotape caught the transaction properly. The defendant argued that the tape could not be authenticated because the officer did not hear it in real time and, therefore, the audiotape should not have been admitted. How did the reviewing court rule? Was the audiotape properly authenticated? Can the cooperating witness help authenticate the tape by acknowledging that it was an accurate record of the transaction?

Accepted Answer

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Question 14

In State v. Palermo, the defendant contended that the state improperly authenticated a document that had been written on an iPad and uploaded to a Facebook page, where the contents were relevant to a prosecution for aggravated sexual assault, among other crimes. When the defendant contended that the trial court improperly concluded that the Facebook message was authenticated as having been made by the defendant and was admissible, what were the arguments of the defendant that the Facebook message had not been properly authenticated as having been made by him? What did the trial court consider when determining that the Facebook posting had been properly authenticated as a document and was, therefore, admissible in court against the defendant?

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Question 15

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?

Accepted Answer

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Question 16

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

Accepted Answer

All of the listed items in choices A, B, and C can be considered documentary evidence and must be properly authenticated before being admitted into trial evidence.

Question 17

When considering the admissibility of documentary evidence:

Accepted Answer

Documentary evidence must meet the same general requirements as oral testimony, including relevancy, competency, and materiality. There is a difference between documentary and real evidence, as real evidence refers to physical objects while documentary evidence refers to written or recorded materials. The weight given to documentary evidence may vary depending on the circumstances of the case. The hearsay rule can still apply to documentary evidence, but there are exceptions.

Question 18

Documentary evidence is not admissible until it has been authenticated. This means that:

Accepted Answer

Documentary evidence must be authenticated by introducing sufficient evidence to prove that the document is genuine and that it is what it purports to be. This can be done through testimony of a witness who has personal knowledge of the document or through other means such as a chain of custody or expert analysis. Simply being under oath at the time of writing or being a government document does not in itself authenticate the document. The requirement for the document to be typed and under seal is not a universal rule and may vary depending on the specific jurisdiction and type of document.

Question 19

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:

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Question 20

Courts and legislative bodies have generally agreed on some basic rules concerning the authentication of documents for use as evidence in criminal cases. Among these is:

Accepted Answer

Courts and legislative bodies have allowed either direct or circumstantial evidence to be used to authenticate a document for use as evidence in criminal cases. There is no requirement that the evidence introduced be direct evidence. Expert witnesses may be cross-examined when their testimony is to identify documentary evidence. While there are rules concerning the admission of ancient documents, the specific time period mentioned in option D is not accurate.

Quiz 11: Documentary Evidence