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This 3 page Class Notes was uploaded by Hannah Notetaker on Tuesday August 30, 2016. The Class Notes belongs to POLI 3380 at Auburn University taught by Dr. Clifton Perry in Fall 2016. Since its upload, it has received 7 views.
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Date Created: 08/30/16
8/30/16 Rule 603: Oath to Testify Truthfully before testifying, a witness must give an oath or aﬃrmation to testify truthfully must be in a form designed to impress that duty on the witness’s conscience the promise to testify truthfully Rule 901: Authenticating or Identifying Evidence to authenticate evidence to be admitted, the proponent must produce evidence suﬃcient to support a ﬁnding that the item is what the proponent claims it is ex. this is a car, so provide evidence that it is what it says it is options of how to do this: testimony of a witness with knowledge non-expert opinion about handwriting - a non-expert can testify that the handwriting is genuine based on familiarity comparison by an expert witness or the trier of fact - the trier could be the judge or the jury and said person could make a comparison of two sets of handwriting, one of which has already been authenticated distinctive characteristics and the like - the appearance of a particular characteristic based on all the other circumstances opinion about a voice - identifying a person’s voice whether ﬁrst hand or through a recording based on hearing the voice at any other time more examples on page 48 of textbook Rule 902: evidence that is self-authenticating can bring authentication to evidence can self-authenticate by: domestic public documents signed and sealed domestic public documents that are signed but not sealed foreign public documents certiﬁed copies of public records oﬃcial publications newspapers and periodicals trade inscriptions and the like acknowledged documents commercial paper and related documents presumptions under a federal statute certiﬁed domestic records of a regularly conducted activity certiﬁed foreign records of a regularly conducted activity Rule 1001: "Best Evidence Rule" has to do with the best evidence in the context of writing, photograph, or a video, when you are worried about what the content is writing consists of letters, words, numbers, or equivalents recording consists of letters, words, numbers, etc that are recorded photograph consists of an image or equivalent an original means the writing or recording itself or any counterpart intended to have the same eﬀect by the person who executed or issued it. Ex. if you have a will and a copy of the will but both are signed then they are both originals. An original of a photograph includes the negative or a print from it a duplicate means a counterpart produced by a mechanical, etc. process that accurately produces the original. But not by hand. Rule 1002: Requirement of Original an original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statue provides otherwise Rule 1003: Admissibility of Duplicates a duplicate is admissible to the same extent as the originals unless a genuine question is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate meaning you cannot bring in duplicate if it has already been challenged authenticity of the original Rule 1004: Admissibility of Other Evidence of Content 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 (not in the proponent acting in bad faith meaning only if not on purpose) an original cannot be obtained by any available judicial process (there are no rules forcing it to be obtained meaning its in some situation where the law cannot get it out) the party who has the original was informed to release the original by a certain time and they do not the writing, recording, or photograph is not closely related to a controlling issue Interesting Case: Seila v. Lucas Film L+D (1986) "Imperial Walkers” are duplicates of “Parthian Striders” argument in the movie so this is a copyright case falls under Best Evidence Rule so asked to bring the Striders to court and testify about them however, the Striders were destroyed and so he has to admit to that this is an example of 1004a Rule 201: Judicial Notice (pg. 69) way of circumventing proof governs judicial notice of an adjudicative fact not a legislative fact adjudicative facts are ones that are necessary to deﬁne a crime or course of action legislative fact is one that inform theories or manifest theories - motivates a legislature kinds of facts that can be judicially noticed without additional evidence (aka they have to just be assumed by the court): generally known within the court’s territorial jurisdiction can be accurately and readily determined from sources who’s accuracy cannot reasonably be questioned - facts based on scientiﬁc theory that don’t need any more evidence *meaning the rule has to fall under the court’s jurisdiction (ex. if you say you walked by Toomer’s while in a Lee County court room then you don’t have to prove what Toomer’s is. If you are in court in Kansas you would have to)* must prove the facts beyond a reasonable doubt at any stage of the proceedings, the court may take judicial notice on its own or it must take judicial notice if it is supplied with the necessary information in a civil case, the jury must take the fact as conclusive or in a criminal case, the judge can tell them to or not to take them as conclusive Went over questions on pages: 46, 50, 52-53, 54-56, 63, 65-66, 67
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