Biaf Evidence Step 2- Proper Foundation

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AUTHENTICATION OF PHYSICAL EVIDENCE - STATE THE RULE

Back 1

TO BE ADMISSIBLE, REAL EVIDENCE MUST BE AUTHENTICATED BY:
1) TESTIMONY OF A WITNESS W/ KNOWLEDGE OF THE EVIDENCE, OR
2) ESTABLISHING AN UNBROKEN CHAIN OF CUSTODY OVER THE EVIDENCE.

Front 2

FEDERAL:
AUTHENTICATION OF WRITINGS-
STATE THE RULE

Back 2

RULE: BEFORE A WRITING MAY BE ADMITTED INTO EVIDENCE, A FOUNDATION MUST BE LAID DEMONSTRATING THAT THE WRITING IS WHAT IT PURPORTS TO BE. A PROPER FOUNDATION MAY BE LAID BY:
1) ADMISSION BY THE PARTY RESPONSIBLE FOR THE WRITING
2) TESTIMONY OF A WITNESS W/ KNOWLEDGE OF THE WRITING, OR
3) CIRCUMSTANTIAL EVIDENCE THAT THE WRITING IS WHAT IT PURPORTS TO BE

Hint 2

NOTE: A WRITING INCLUDES ALL WRITTEN, AUDIO OR VISUAL RECORDINGS OF COMMUNICATIONS OR REPRESENTATIONS MADE BY A PERSON.

Front 3

CALIFORNIA
AUTHENTICATION OF WRITINGS-
STATE THE RULE

Back 3

RULE: IN ADDITION TO THE METHODS PROVIDED FOR IN THE FRE, CA ALSO ALLOWS AUTHENTICATION BY:
1) ACTION OF AN ADVERSE PARTY DEMONSTRATING THE AUTHENTICITY OF THE WRITING (E.G. THE PARTY'S RELIANCE ON THE WRITING), OR
2)PROOF THAT THE WRITING STATES MATTERS WHICH ONLY THE PURPORTED WRITER WOULD KNOW.

Front 4

CALIFORNIA
AUTHENTICATOIN OF ALTERED DOCUMENTS
STATE THE RULE

Back 4

IF A DOCUMENT APPEARS TO HAVE BEEN ALTERED OR A PARTY CONTENDS THAT THE DOCUMENT HAS BEEN ALTERED, THE PROPONENT OF THE WRITING BEARS THE BURDEN OF DEMONSTRATING THAT THE ALTERATION:
1)DID NOT CHANGE THE MEANING OR LANGUAGE OF THE INSTRUMENT
2) WAS MADE BY ANOTHER PERSON W/O PROPONENT'S CONCURRENCE
3) WAS MADE W/ THE CONSENT OF THE PARTIES AFFECTED BY IT, OR
4) WAS PROPERLY OR INNOCENTLY MADE

Hint 4

NOTE: UPON SUCH ACCOUNTING FOR THE ALTERATION OF THE DOCUMENT, THE WRITING MAY BE ADMITTED INTO EVIDENCE.

Front 5

REPLY LETTER DOCTRINE-
STATE THE RULE

Back 5

A DOCUMENT WILL BE PRESUMED AUTHENTIC IF IT CAN BE DEMONSTRATED THAT THE DOCUMENT WAS DRAFTED IN RESPONSE TO A PRIOR COMMUNICATION.

Front 6

FEDERAL:
ANCIENT DOCUMENT RULE- STATE THE RULE

Back 6

A DOCUMENT WILL BE PRESUMED AUTHENTIC IF THE DOCUMENT IS:
1) 20 YRS OR OLDER (30 YRS UNDER C/L)
2) IN SUCH CONDITION AS TO CREATE NO SUSPICION AS TO ITS AUTHENTICITY, AND
3) FOUND IN A PLACE ONE WOULD EXPECT TO FIND SUCH A DOCUMENT

Hint 6

NOTE: THE ANCIENT DOCUMENT RLE APPLIED TO WRITTEN DOCUMENTS AS WELL AS ELECTRONCI DOCUMENTS AND DATA COMPILATIONS.

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CALIFORNIA:
ANCIENT DOCUMENT RULE -
SATE THE RULE

Back 7

IN CALIFORNIA, A DOCUMENT IS PRESUMED AUTHENTIC IF IT IS:
1) 30 YRS OR OLDER,
2) FOUND IN A PLACE ONE WOULD EXPECT TO FIND SUCH A DOCUMENT,AND
3) HAS BEEN ACTED UPON AS AUTHENTIC BY PERSONS HAVING AN INTEREST IN THE MATTER.

Hint 7

NOTE: A DOCUMENT IN EXISTENCE FOR 30 YRS OR MORE CAN ALSO BE AUTHENTICATED BY COMPARING IT TO A WRITING TREATED AS GENUINE BY PERSONS W/ AN INTEREST IN THE MATTER.

Front 8

SELF-AUTHENTICATING DOCUMENTS -
STATE THE RULE

Back 8

SELF-AUTHENTICATING DOCUMENTS ARE PRESUMED AUTHENTIC AND INCLUDE:
1) DOMESTIC PUBLIC DOCS UNDER SEAL
2) DOMESTIC PUBLIC DOCS W/ OFFICIAL SIGNATURE
3) CERTIFIED FOREIGN & DOMESTIC PUBLIC DOCS
4) OFFICIAL PUBLICATIONS ISSUED BY A PUBLIC AUTHORITY
5) NEWSPAPERS AND PERIODICALS
6) TRADE INSCRIPTIONS AND LABELS
7) NOTARIZED DOCUMENTS
8) COMMERCIAL PAPER
9) CERTIFIEDDOMESTIC OR FOREIGN RECORDS OF REGULARLY CONDUCTED ACTIVITY
10) DOCS PRONOUNCED PRESUMPTIVELY GENUINE BY AN ACT OF CONGRESS

Front 9

ADMISSIBILITY OF DEMONSTRATIVE EVIDENCE-
STATE THE RULE

Back 9

PROPERLY AUTHENTICATED DEMONSTRATIVE EVIDENCE IS ADMISSIBLE FOR EXPLANATORY PUPROSES BUT WILL NOT BE ADMITTED INTO EVIDENCE.

Hint 9

EXCEPTION: DEMONSTRATIVE EVIDENCE MAY BE ADMITTED INTO EVIDENCE IF THE REPRODUCTION IS NEARLY IDENTICAL TO THE ORIGINAL EVIDENCE.

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AUTHENTICATION OF SCIENTIFIC EVIDENCE-
STATE THE RULE

Back 10

SCIENTIFIC TESTS OR EXPERIMENTS CAN BE AUTHENTICATED BY ESTABLISHING:
1) THE TEST IS GENERALLY RECOGNIZED AND ACCEPTED BY SCIENTISTS IN THE FIELD
2) THE TEST WAS CONDUCTED BY A QUALIFIED PERSON, AND
3) THE EQUIPMENT USED FOR THE TEST WAS FUNCTIONING PROPERLY

Front 11

AUTHENTICATION OF PHOTOGRAPHS TAKEN FROM UNATTENDED CAMERAS- STATE THE RULE

Back 11

IF A PHOTOGRAPH OR VIDEO IS TAKEN FROM AN UNATTENDED CAMER, THE PHOTO OR VIDEO MUST BE AUTHENTICATED BY:
1) TESTIMONY AS TO THE PROPER FUNCTIONING OF THE EQUIPMENT, AND
2) TESTIMONY TO DEMONSTRATE A PROPER CHAIN OF CUSTODY OF THE FILM OR VIDEOTAPE.

Front 12

AUTHENTICATION OF ORAL STATEMENTS -
STATE THE RULE

Back 12

AUTHENTICATION OF ORAL STATEMENTS REQUIRES:
1) LAY TESTIMONY OF A PERSON FAMILIAR W/ THE VOICE OF THE SPEAKER, OR
2) CIRCUMSTANTIAL EVIDENCE THAT A PERSON WAS INDEED THE ALLGED SPEAKER (E.G. THE PERSON SPEAKING KNEW FACTS ONLY THE ALLEGED SPEAKER WOULD KNOW)

Front 13

FEDERAL:
BEST EVIDENCE RULE -
STATE THE RULE

Back 13

THE BEST EVIDENCE RULE REQUIRES THAT A PARTY SEEKING TO PROVE THE CONTENTS OF A WRITING, RECORDING, OR PHOTOGRAPH
1) PRODUCE THE ORIGINAL WRITING, RECORDING OR PHOTO, OR
2) ACCOUNT FOR THE ABSENCE OF THE ORIGINAL AND ESTABLISH THAT THE PROPONENT OF THE EVIDENCE IS NOT AT FAULT.

Hint 13

NOTE:
1) UPON ACCOUNTING FOR THE ABSENCE OF THE ORIGINAL, THE PROPONENT MAY ADMIT SECONDARY EVIDENCE PROVING THE CONTENTES OF THE WRITING, RECORDING OR PHOTO.
2) EXACT COPIES GENERALLY CARRY THE SAME WEIGHT AS THE ORIGINAL UNLESS THE AUTHENTICITY OF THE COPY IS IN QUESTION.
3) THE BEST EVID. RULE DOES NOT REQUIRE THE ORIGINAL/S BE PRODUCED FOR: (A) CERTIFIED PUBLIC RECORDS OR (B) SUMMARIES OF WRITINGS, RECORDINGS, OR PHOTOS IF THE ORIGINALS ARE OF SUCH A LG QUNATITY THAT THEY CANNOT EASILY BE EXAMINED IN COURT.

Front 14

CALIFORNIA:
SECONDARY EVIDENCE RULE-
STATE THE RULE

Back 14

THE CONTENTS OF A WRITING MAY BE PROVED USING SECONDARY EVIDENCE UNLESS:
1) A GENUINE DIPSUTE EXISTS CONCERNING MATERIAL TERMS OF THE WRITING AND JUSTICE REQUIRES EXCLUSION, OR
2) ADMISSION OF THE SECONDARY EVIDENCE WOULD BE UNFAIR

Hint 14

NOTE:
1) THE CONTENTS OF THE WRITING MAY ALWAYS BE PROVEN USING THE ORIGINAL
2) THE BURDEN IS ON THE OPPONENT OF THE EVIDENCE TO RAISE THE ISSUE OF AUTHENTICITY AND/OR UNFAIRNESS.