Quiz Chapter 11 Authentication

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Question #1

In a paternity suit, the laboratory prepared approximately 50 pages of notes regarding evidence of DNA matching. The notes were extremely difficult to read and follow. The petitioner summarized the data in the notes in a graphical chart display. This chart is

A Admissible only if the documents are admitted first.

B Inadmissible as an exhibit.

C Admissible as summary evidence.

D Inadmissible as hearsay.

Question #2

Ying and Yang entered into a contract, which Yang breached. When Ying looked for the original contract, he could only find a duplicate. This duplicate is

A Inadmissible as hearsay.

B None of these.

C Inadmissible under the best evidence rule.

D Admissible, unless there are problems with authenticity.

Question #3

In a civil case for fraud, the plaintiff subpoenaed the defendant’s accounting records. Plaintiff deposed the defendant’s accountant. The accountant had custody of the defendant’s accounting records because he had used them to prepare the defendant’s tax returns. He had been informed by the defendant’s chief financial officer that the records were accurate, and constituted the complete record of the company’s financial activity. However, the accountant claimed that he had no personal knowledge regarding the accuracy or source of the numbers contained in the records. For purposes of authentication, the accountant

A Cannot authenticate the records because he has no personal knowledge that they were compiled in the ordinary course of business.

B Need not be able to authenticate the records since they are self-authenticating.

C May authenticate the records because they are in his custody, and he has been informed that they were prepared by someone with knowledge, in the ordinary course of business.

D Cannot authenticate the records because he cannot testify as to their contents with personal knowledge.

Question #4

In a case involving a substantial number of business record documents, the court is concerned about the amount of time it will take for the attorneys to authenticate all of the records each party hopes to introduce. The most efficient way for both parties to handle authentication of these records, where there is no genuine dispute as to their authenticity, is

A Using self-authenticating documents.

B With the best evidence rule.

C By stipulation.

Question #5

Ginny sues Johnny for divorce, and asks for alimony. Johnny claims he is broke, but Ginny produces stock certificates for various blue chip stocks, the value of which is substantial. To authenticate the stock certificates, Ginny must

A Prove they are at least 20 years old.

B Do nothing—they are self-authenticating.

C Get a stipulation from Johnny.

D Prove they are the best evidence.

Question #6

The state seeks to introduce as an ancient document an old foreign-country driver’s license which belonged to Defendant, but shows a different last name than that used by the Defendant now. The license was found in Defendant’s old papers and documents pursuant to a valid search warrant. To prove this document’s authenticity, the state must show that the document is in such condition so as to create no suspicion concerning its authenticity; was in a place where, if authentic, it would have been likely to be, and

A That the defendant is the custodian of the license.

B That the license is certified.

C That the license is at least 20 years old.

D All of these.

Question #7

The plaintiff in a securities action seeks to introduce the Wall Street Journal, specifically with regard to the Dow Jones Industrial Averages published in the Journal during a specific week. To authenticate this periodical, the plaintiff must

A Nothing—the newspaper is self-authenticating.

B Subpoena the information source for the Dow Jones Industrial average.

C Subpoena the reporter who aggregates the Dow Jones Industrials for the Journal.

Question #8

In a case for statutory rape, the accused offered a certified birth certificate of the victim, showing her age to be 18 years old. To authenticate this document, the accused must

A Nothing—the document is inadmissible to prove the truth.

B Nothing—the document is self-authenticating.

C Find a witness who can testify that the birth certificate was sent by the county of origin.

D Find a witness who can testify that the birth certificate is valid.

Question #9

Blood was drawn from a suspect to use as a sample for DNA testing. After the blood was drawn and the vial labeled, it was misplaced by a lab technician. It showed up three weeks later in a hospital refrigerator, and nobody knew how it got there. The problem with this blood sample is that the prosecutor will not be able to show the

A Blood type.

B Documentary evidence.

C Best evidence rule.

D Chain of custody.

Question #10

Tim met John for the first time while riding on a bus. During the ride, John talked about his car being stolen. Specifically, John said, “I saw the guy who stole my car.” With regard to John’s stolen car, Tim may

A Testify that the car was stolen based on his own present sense impression.

B Not testify that the car was stolen because he has no personal knowledge of that fact.

C Not testify that the car was stolen because it is not the best evidence.

D Testify that the car was stolen based on John’s excited utterance.

Question #11

A phone message left on a voice messaging system was the source of critical evidence in a case. The message, digitally stored on a phone company computer, was transferred onto a tape, and brought to court. In addition to requiring that the message be identified, the court may also require in this case that the proffering party authenticate the

A Self-authentication.

B Process by which the recording was made and transferred.

C Best evidence.

D Identification of the recipient.

Question #12

High-tech types of evidence must have sufficient foundation and authetication to ensure that the evidence has not been altered or tampered with.

A FALSE

B TRUE

Question #13

Photographs are self-authenticating.

A TRUE

B FALSE

Question #14

Computer records require special authentication regarding the process by which those records were created.

A FALSE

B TRUE

Question #15

The trier-of-fact may decide that a document is not authentic, even though the judge has allowed it into evidence.

A FALSE

B TRUE

Question #16

Ancient documents are those over 1000 years old.

A TRUE

B FALSE

Question #17

Public records are self-authenticating.

A TRUE

B FALSE

Question #18

Business records can be self-authenticating.

A FALSE

B TRUE

Question #19

A piece of evidence was misplaced on the way to the evidence locker room. If the officer who originally seized the evidence can identify it, the evidence might be admissible.

A FALSE

B TRUE

Question #20

A bookkeeper may authenticate a business record even if she cannot verify the accuracy of the contents.

A FALSE

B TRUE

Question #21

Only a preliminary showing of authenticity needs to be made to cause the court to allow the evidence to be seen by the jury.

A FALSE

B TRUE

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Quiz Chapter 11 Authentication

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