Define authentication. Explain why evidence must be authenticated
How is evidence
authenticated?
Authentication is the process of establishing the genuineness of an item that is to be introduced as evidence in a trial.
At trial, an attorney must lay the proper foundation for the introduction of certain evidence, such as documents, exhibits, and other objects, and must demonstrate to the court that the evidence is what the attorney claims. The authentication requirement relates to relevance, because something offered in evidence becomes relevant to the case only if it is authentic, or genuine. Also, the rules of evidence require authentication because certain types of evidence, such as exhibits and objects, cannot be cross-examined by opposing counsel, as witnesses can, yet such evidence may have a significant effect on the jury. The authentication requirement provides a safeguard against the introduction of nonverified evidence that may strongly influence the outcome of the case.
Commonly, evidence is authenticated by the testimony of witnesses. The Federal Rules of Evidence provide for the self-authentication of specific types of evidence. In other words, certain documents or records need not be authenticated by testimony. Certified copies of public records, for example, are automatically deemed authentic. Other self-authenticating evidentiary documents include official publications (such as a report issued by the federal Environmental Protection Agency), documents containing a notary public's seal or the seal of a public official, and manufacturers' trademarks or labels.
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A local Tribune reporter files a motion with the court requesting permission to interview the jurors in Cyril’s case before they go out to deliberate. He thinks that interviews with the jurors will show how they evaluate a case. What is the judge likely to do?
a. Reject the motion because the press has no right to view a trial. b. Approve the request because the press has an absolute right to juror access during the trial. c. Reject the request because no one, including the press, has the right to interview the jurors during the trial. d. Approve the request because such a procedure has been permitted in prior cases and it could be quite educational for the reading public.
Courtrooms are now being outfitted with computers and audiovisual presentation systems, as judicial budgets will allow
Indicate whether the statement is true or false
In a contract such as a lease agreement, an event that must occur before a party is obligated to perform under the contract is a:
a. Concurrent condition b. Condition subsequent c. Condition precedent d. None of the above
Defendant does not have to present any evidence at trial and does not have to cross-examine any
witnesses. Instead, the defendant just files a motion, after plaintiff has presented all evidence A) for a directed verdict B) to dismiss C) for summary judgment D) for a judgment on the pleadings