Term
| What are the requirements of the best evidence docrtine? |
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Definition
1) Applies only to writings, recordings or photographs
2) Contents must be in dispute |
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Term
| If the event to be proved exists independently, does the best evidence doctrine apply? |
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Definition
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Term
| What is the standard of review applicable to the best evidence doctrine? |
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Definition
| More than harmless error; must show the reviewing court a distortion or misrepresentation of words |
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Term
| What are the factors in determining if an item is an "original" |
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Definition
1) Elements of the charge of claim
2) Intention of the parties
3) Surrounding circumstances
4) Purposes of party offering writing |
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Term
Original or Not original?
Photocopies of a customer's carbon copy of Master Card receipts offered in support of a false claim for government travel expenses |
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Definition
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Term
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Definition
| Something that accurately reproudces the original |
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Term
Duplicate or Original?
1) Carbon Copy
2) Recording
3)Transcript
4) Print out of word document
5) Photocopy |
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Definition
1) Duplicate
2) Duplicate
3) Neither
4) duplicate
5) Original |
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Term
T or F
When the content of an writing is in disupte, either the original writing or a duplicate that accurately reflects the original will suffice |
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Definition
False;
Rule 1002:
To prove the content of a writing, recording or photograph (IN DISPUTE) the original writing, recording or photo is required |
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Term
| Is the testimony of a subscribing witness necessary to authenticate a writing? |
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Definition
| No; not unless required by the laws of the jurisdiction whose laws govern the validity of the writing |
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Term
| What are the 4 exceptions to the best evidence doctrine? 4 situations in which the original is not required? |
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Definition
1) Original are lost or destroyed
2) Originals are not obtainable
3) Original in possession of opponent
4) Collateral matters |
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Term
| In a letter from Sam to Tom, Sam changed the word yesterday to "tomorrow" - Would the best evidence doctrine require the new "altered" letter to be produced? |
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Definition
| No; the letter would be considered "destroyed" even if a single word was changed and the best evidence doctrine would not apply |
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Term
| If the proponent of the best evidnece doctrine destoyed the contents of the letter he was trying to use in bad faith, would the letter be considered "lost or destroyed" under the B.E.D. |
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Definition
| No; other evidence of the contents of writings, recordings or photographs is not admissible if the proponent lost or destroyed the originals in bad faith |
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Term
| What is the required for a document to be "unobtainable" |
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Definition
| No original can be obtained by any judicial process or procedure |
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Term
| In order for the proponent of evidence other than the original document to be allowed to introduce other evidence of the contents of a document that is in possession of the opponent, what is necessary? |
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Definition
| The opponent was placed on notice that contents of writing was to be used and opponent fails or refuses to produce. ON |
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Term
| Once an exception to the best evidence document has been established, what form of evidence is required? |
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Definition
| Any form of secondary evidence, doesn't have to be duplicate. |
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Term
| How may a copy of a public record be proved? |
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Definition
1) Certified as a copy
2) Testified to be correct by a witness |
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Term
| If a copy of a public record can not be obtained by due dillgence, how may evidence of it's contents be proven? |
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Definition
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Term
| When will a "copy" be considered an original? |
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Definition
| When it's the document most relevant to the litigation. It's the version of the writing that has evidentiary significance in the case, whether it's the first version or a copy |
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Term
| What are the requirements in order for a summary, chart or calculation to be introduced into evidence? |
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Definition
1) Underlying document must be available and admissible
2) Court can order production if it choses
3) Must not be dishonest in summary |
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Term
| What is the rule for admission of testimony or written admission of a party? |
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Definition
| Contents of writings, recordings or photos may be proved by the testimony or deposition of the party against whom offered, or by that party's written admission WITHOUT ACCOUNTING FOR THE NONPRODUCTION OF THE ORIGINAL |
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Term
T or F
A written admission or an admission under sworn testimony about the terms of a writing is always usable to prove the terms of the writing |
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Definition
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Term
| An unsworn oral admission about the terms of a writing is always usable to prove the terms of the writing |
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Definition
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Term
| Do the FRE recognize degrees of secondary evidence? |
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Definition
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Term
| A duplicate is admissible to the same extent as an original unless ... (2 things) |
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Definition
1) A genuine question is raised as to the authenticity of the original
2) In the circumstances it would be unfair to admit the duplicate in lieu of the original |
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Term
| Who decides if the dispute as to the original's authenticity is genuine? |
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Definition
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Term
| Who decides a question of fact concerning admissibility of other evidence of contents of writings, recordings or photos? |
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Definition
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Term
| Who decides the issue of whether an asserted writing ever existed? |
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Definition
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Term
| Who decides the issue of whether another writing produced at trial is the original? |
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Definition
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Term
| Who decides whether other evidence of contents correctly reflect the contents of a document? |
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Definition
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