Question 1

Explain the terms primary evidence and secondary evidence as they relate to introducing documents at trial.Give an example of each.

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Question 2

Explain the role of a forensic documents examiner in introducing documents in court.

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Question 3

What can the forensics document examiner tell from the paper and ink that might indicate forgery

Accepted Answer

The presence of synthetic fibers in the paper can indicate that the document was made recently, as synthetic fibers are a modern invention.

Question 4

Do models and diagrams need to be made to scale in order to be admissible at trial Explain.

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Question 5

The prosecution obtained digital personnel records from the computer in the accounting office of Hal's company.Can these records be introduced at trial in federal court

Accepted Answer

According to the Federal Rules of Evidence, a printout of an electronic record can be introduced as an original document if it accurately reflects the information in the electronic record. Therefore, the prosecution can introduce the digital personnel records obtained from Hal's company's computer in federal court as long as the printout accurately reflects the information in the electronic record. The other options listed are not necessary for the records to be admitted as evidence.

Question 6

List three types of documents that are self-authenticating.Explain what must be done to authenticate documents that are not self-authenticating.

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Question 7

The prosecution wants to show that Hal under-reported the company's sales in order to qualify for bankruptcy.Can invoices be admitted under the Business Records Exception to the Hearsay Rule for this purpose

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Question 8

Eve is a notary public.The prosecution has not been able to locate her.How will this affect the admissibility of the will that she notarized

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Question 9

Explain how the Business Records Exception to the Hearsay Rule..

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Question 10

Can Hal's handwritten notes about the gambling debt be introduced under the Business Records Exception to the Hearsay Rule

Accepted Answer

The Business Records Exception to the Hearsay Rule requires that the records be made at or near the time by, or from information transmitted by, someone with knowledge, and kept in the course of a regularly conducted business activity. Hal's handwritten notes about a gambling debt likely do not meet these criteria, especially if they were not made and kept as part of the regular course of business activities.

Question 11

The Gettysburg Address was given in 1863.Will the document that Fred sold qualify in federal court an ancient document

Accepted Answer

The document is not an ancient document because it was not found in a place where it is likely the authentic document would be located.

Question 12

The prosecution wants to introduce the original will as evidence of Carl's handwriting.Donna does not remember watching Carl sign the will because she works at a law office and witnesses the signing of wills on a daily basis.How can Donna's signature be authenticated

Accepted Answer

Donna's testimony that she recognizes her own signature is sufficient for authentication. She does not need to recall details about the signing ceremony or have her signature verified by a forensics documents examiner. The Business Records Exception to the Hearsay Rule is not relevant to this situation.

Question 13

The prosecution wants to introduce several checks drawn on Carl's personal checking account that bear Carl's signature to show that the signature on the allegedly forged will was not made by Carl.How can these signatures be authenticated

Accepted Answer

The jury can compare the signatures on the checks to the signature on the will and decide if they believe they were made by the same person. This method allows for direct comparison by the jury without necessarily requiring expert testimony or eyewitnesses to the signing of the checks.

Question 14

The prosecution wants to introduce evidence that the promissory note was altered.

Accepted Answer

The judge may allow the introduction of secondary evidence if the original document is unavailable and it's shown that the defendant has possession of the original. This is an exception to the best evidence rule, which typically requires the original document to be presented in court when its contents are in dispute.

Question 15

What can the forensics document examiner tell about the handwriting that might indicate forgery

Accepted Answer

A forensic document examiner would examine all aspects of the handwriting, including slope, angle, phrasing, grammar, and relative dimensions of the letters in order to determine if a document is a forgery or not. Therefore, all of these options could potentially indicate forgery.

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