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7 Cards in this Set
- Front
- Back
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Methods of Authentication |
1) Personal Knowledge 2) Proof of Handwriting 3) Circumstantial Evidence 4) Ancient documents rule 5) Solicited Reply doctine |
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Proof of handwriting: how achieved |
1) lay person wiht prior exposure 2) expert comparison 3) Jury Comparison |
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What level of proof is needed to get a document into evidence |
Only enough to convince the court there is sufficien tevidence from whcih a reasonable juror could conclude it was genuine |
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Authentication by cirumstantial evidence: standard |
Party can rely on things liek documents, appearance, contents, substance, internal patterns or other distinctive characteristic to authenticate |
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Ancient Document Rule: |
Authenticity may be inferred if the document is 1) at least 20 years old (30 in nY 2) Facially free of suspicioin 3) Found in a place of natural custody |
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Solicited Reply doctrine |
Document can be authenticated by evidence that it was recieved in response to a prior communication to the alleged author |
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Self Authenticating Documents |
1) Offical Publications (government publications) 2) Certified Copies of public or private records on file in public offices (deeds, mortgages etc) 3) Newpapers/Periodicals 4) Trade INscriptions and labels 5) Acknowledged documents (notarized) 6) Signature on Commercial Paper |
