Evidence Ch. 8

Under the Federal Rules of Evidence, what is the minimum age a document needs to be in order to be treated as an ancient document?

20 years old

Rule 1002 of the Federal Rules of Evidence mandates the original be produced in court when establishing the contents of a writing, recording or photograph. If the writing in question is stored on a computer, the side wishing to introduce it must produce:

A computer printout

For computer generated animation depicting the crime to be admissible at trial:

All evidence depicted in the animation must be relevant and to scale.

Which of the following would be considered public records?

Birth certificate filed with the county by the doctor who delivered the baby. Death certificate filed by the County Coroner. Report of child abuse filed by a "mandatory reporter."

In legal documents, the term "writing" refers to:

Documents that are handwritten. Material that is produced on a printer. Electronic Recordings

A forensic document examiner bases his/her conclusions regarding handwritten documents solely on the shapes of the letters.

False

Advanced laser techniques make it possible to determine when a written document was produced.

False

All documents must be authenticated except those with the seal of a notary or a government agency.

False

All documents stored on computers used by a business are covered by the Business Records Exception to the Hearsay Rule if a technician testifies that the system has not been "hacked."

False

An acknowledgement is a form signed by a person who has compared a copy of a document to the original and verified that there are no alterations.

False

Computer-generated animation is admissible in court only if it is based on photographs of the scene in question.

False

Statements made by eye witnesses recorded in a report made by a police officer who was dispatched to the scene of a crime are admissible in court under the Public Records Exception to the Hearsay Rule.

False

Stock market reports in the New York Times are not admissible to show the value of stock unless they are authenticated by employees of the New York Stock Exchange.

False

The ancient documents rule is only used when there are no official records regarding the event in question.

False

The comparison of typed documents is more accurate today than it has been in the past.

False

When an investigator finds a computer while serving a search warrant, the computer should be turned on and an inventory made of all files on the computer's hard drive.

False

​A document is authenticated by establishing that all of the facts stated in the document are true and accurate.

False

​If lay witnesses authenticate a handwritten document, the opposing side will NOT be allowed to call a forensic document examiner to establish that the document is a forgery.

False

When a computer was used by the suspect to commit a crime, a forensic examination of the computer can show:

Files that were deleted from the computer.

A forensic documents examiner can tell someone altered a document and determine what the document originally said:

If chemicals were used to obliterate portions of the original document.

​When introducing documents at trial, "secondary evidence":

Is testimony introduced when documents are not available.

A lay person can take the witness stand and identify the handwriting on a document:

Only if the witness is familiar with the handwriting of the person in question.

In legal terms, "photographs" includes:

Photostatic copies X-ray films Electronic recordings

Who must be called to testify in order to introduce a report at trial under the Business Records Exception to the Hearsay Rule?

Record custodian

A forensic examination of a computer can:

Recover files that have been erased.

Which of the following qualify for the Business Records Exception to the Hearsay Rule?

Sales records of a retail department store. Attendance records from a private elementary school. Medical records maintained by a family doctor.

A certified copy of a court document is usually signed by:

Someone in the court clerk's office in the court where the document originated.

Parol evidence about the content of a document is:

Testimony introduced when no documents are available.

Which of the following is an accepted way of authenticating a document at trial?

Testimony of forensic document examiner Testimony of a person who observed the document being signed Testimony of a clerk who typed the document

A notarized document is self-authenticating if:

The notary attaches a statement that states what the document is intended for.

​What is the minimum number of matching characteristic that a forensic document examiner must find before he/she can state that the handwriting exemplar and the document in question were most likely written by the same person?

There is no set number of matching characteristics.

A document can be authenticated by the testimony of a person who saw the document being made.

True

All types of documentary evidence must be authenticated prior to being admitted into evidence.

True

Primary evidence, as the term is used when introducing documents at trial, means the original document or a duplicate.

True

Testimony of a person who was present when a document was prepared would be admissible at trial if the document was destroyed by accident.

True

The "original" is the document itself and any copies the person making the document intended to have the same effect as the original.

True

The Penal Code officially published by your state, but not those printed by private publishers, is self-authenticating.

True

The definition of "document" used in evidence includes materials containing words and symbols as well as those that contain visual or audio information.

True

The fact that ink manufacturers include unique, nontoxic chemical markers in their ink each year makes it possible to determine:

When the ink on a document was produced.

In most cases, a three-dimensional model of the crime scene:

Would be allowed if it is done to scale.