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Mock Trial 5

The last 48 cards

TermDefinition
Rule 804(b4b) Statement of Personal or Family History about birth, adoption, ancestry, marriage, etc is not excluded by the rule against hearsay if the declarant was related to the person/ intimate with the person’s family, the declarant’s information is probably right
Rule 804(b6) Statement of Personal or Family History is not excluded by the rule against hearsay. If the declarant was related to the person or was so intimate with the person’s family that the declarant’s information is probably right
Rule 805 Hearsay Within Hearsay ADMISSIBLE Hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule
Rule 806 Attacking and Supporting the Declarant’s Credibility ALLOWED FOR HEARSAY. When a hearsay statement/statement described in Rule 801(d)(2)(C), (D), or (E) has been admitted in evidence, the declarant’s credibility may be attacked, and then supported
Rule 901(a) MUST SHOW EVIDENCE IS AUTHENTIC. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
Rule 901(b1) MAY SHOW EVIDENCE IS AUTHENTIC BY Testimony of a Witness with Knowledge. Testimony that an item is what it is claimed to be.
Rule 901(b2) MAY SHOW EVIDENCE IS AUTHENTIC BY Nonexpert Opinion About Handwriting. A nonexpert’s opinion that handwriting is genuine, based on a familiarity with it that was not acquired for the current litigation
Rule 901(b3) MAY SHOW EVIDENCE IS AUTHENTIC BY Comparison by an Expert Witness or the Trier of Fact. A comparison with an authenticated specimen by an expert witness or the trier of fact.
Rule 901(b4) MAY SHOW EVIDENCE IS AUTHENTIC BY Distinctive Characteristics and the Like. The appearance, contents, substance, internal patterns, or other distinctive characteristics of the item, taken together with all the circumstances.
Rule 901(b5) MAY SHOW EVIDENCE IS AUTHENTIC BY Opinion identifying a person’s voice, firsthand or through recording
Rule 901(b6) Evidence About a Telephone Conversation AUTHENTIC IF SHOWN: that a call was made to the number assigned at the time to: (A) the person who answered (B) a particular business if the call related to business reasonably transacted over the telephone.
Rule 901(b7) Public Records AUTHENTIC IF: Evidence that: (A) a document was recorded or filed in a public office as authorized by law; or (B) a purported public record or statement is from the office where items of this kind are kept.
Rule 901(b8) ANCIENT DOCUMENTS AUTHENTIC if they're (A) is in a condition that creates no suspicion about its authenticity; (B) was in a place where, if authentic, it would likely be; and (C) is at least 20 years old when offered
Rule 901(b9) MAY SHOW EVIDENCE IS AUTHENTIC BY Evidence About a Process or System. Evidence describing a process or system and showing it produces an accurate result.
Rule 901(b10) MAY SHOW EVIDENCE IS AUTHENTIC BY Methods Provided by a Statute or Rule. Any method of authentication or identification allowed by a Midlands statute or a rule prescribed by the Midlands Supreme Court.
Rule 902(1) Domestic Public Documents That Are Sealed and Signed Are Self-Authenticating . A document that bears: (A) a seal purporting to part of the United States, and (B) a signature purporting to be an execution or attestation.
Rule 902(2) Domestic Public Documents That Are Not Sealed but Are Signed and Certified ARE SELF-AUTHENTICATING.
Rule 902(3) Foreign Public Documents ARE SELF-AUTHENTICATING.
Rule 902(4) Certified Copies of Public Records ARE SELF-AUTHENTICATING.
Rule 902(5) Official Publications ARE SELF-AUTHENTICATING
Rule 902(6) Newspapers and Periodicals ARE SELF-AUTHENTICATING. Printed material purporting to be a newspaper or periodical.
Rule 902(7) Trade Inscriptions and the Like ARE SELF-AUTHENTICATING. An inscription, sign, tag, or label purporting to have been affixed in the course of business and indicating origin, ownership, or control.
Rule 902(8) Acknowledged Documents ARE SELF-AUTHENTICATING. A document accompanied by a certificate of acknowledgment that is lawfully executed by a notary public or another officer who is authorized to take acknowledgments.
Rule 902(9) Commercial Paper and Related Documents ARE SELF-AUTHENTICATING. Commercial paper/promissory notes, a signature on it, and related documents, to the extent allowed by general commercial law.
Rule 902(11) Certified Domestic Records of a Regularly Conducted Activity ARE SELF-AUTHENTICATING. The original or a copy of a domestic record that meets the requirements of Rule 803(6)(A)-(C), as shown by a certification of the custodian or another qualified person
Comment to rule 902(11) The reasonableness requirement of this rule is satisfied if the aforementioned notice, record, and certification are affirmatively made available at the Captains’ Meeting.
Rule 902(12) Certified Foreign Records of a Regularly Conducted Activity ARE SELF-AUTHENTICATING. In a civil case, the original or a copy of a foreign record that meets the requirements of Rule 902(11), the signer must have threat of punishment for dishonesty
Comment to rule 902(12) Comment: If no foreign law is provided in the case materials, assume the signatory of a foreign document would have been punished for signing falsely
Rule 903 Subscribing Witness’s Testimony NOT REQUIRED. A subscribing witness’s (someone who testifies that they saw someone else sign a document) testimony is not necessary to authenticate a writing.
Rule 1002 Requirement of the Original. An original writing, recording, or photograph is required in order to prove its content unless these rules or a Midlands statute provide otherwise.
Comment to rule 1002 No attorney may object under rule 1002 that the “original writing, recording, or photograph” in question is not among the documents contained in the case packet.
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Rule 1003 DUPLICATES ADMISSIBLE. A duplicate is admissible to the same extent as the original unless a genuine question is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate
Rule 1004(a) Rule 1004. ORIGINAL NOT REQUIRED IF DESTROYED. An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if all the originals are lost or destroyed, and not by the proponent acting in bad faith
Rule 1004(b) An original is not required IF IT CAN'T BE OBTAINED. other evidence of the content of a writing, recording, or photograph is admissible if an original cannot be obtained by any available judicial process
Rule 1004(c.) An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if OPPOSING PARTY HAD CONTROL OF IT, BUT FAILS TO PRODUCE IT
Rule 1004(d) An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if the writing, recording, or photograph is not closely related to a controlling issue.
Rule 1005 Copies of Public Records ADMISSIBLE IF: the OG evidence is admissible; the copy is correct by Rule 902(4) or is testified to be correct by a witness who has compared it with the original. If needed, lawyer may use other evidence to prove content.
Rule 1006 Summaries to Prove Content ADMISSIBLE. Lawyers can summarize the content of excessive evidence, but must make the originals available to opposing council
Rule 1007 Testimony or Statement of a Party to Prove Content ADMISSIBLE. Basically, a lawyer can use testimony from an opposing witness to prove the content of evidence without needing the original.
Rule 1008 per 104(b), the jury, NOT THE JUDGE, determines if (a) an asserted writing, recording, or photograph ever existed; (b) another one produced at the trial or hearing is the original; or (c) other evidence of content accurately reflects the content.
Rule 1101(d) Midlands Rules of Evidence do not apply to the court’s determination, under Rule 104(a), on a preliminary question of fact governing admissibility
Created by: cadyku