Discussion - Week 4

Discussion - Week 4 - 1. Discuss ways a lay witness...

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1. Discuss ways a lay witness (non-expert) might authenticate a hand written letter. Federal Rules of Evidence 901b provides an illustration of authentication of handwritten material under the standard set by FRE 901(a). Subsection (a) requires authentication by evidence “sufficient to support a finding” that the writing is indeed what its proponent claims it to be. Subsection (b)(2) indicates this might be shown with nonexpert opinion testimony regarding the “genuineness” of the handwriting, “based upon” the lay witness’s “familiarity not acquired for purposes of the litigation.” FRE 901(b)(2). http://federalevidence.com/blog/2010/april/lay-opinion-handwriting-permitted-under-fre- 901b2 2. What must be established by witnesses in order for a judge to admit photographs into evidence? Laying the foundation for photographs Explain why a photo is connected to your case. For example: “This photo shows the injury I suffered after my ex-boyfriend punched and kicked me.” Explain how you know about what is in the photo. For example: “I had my sister take
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Discussion - Week 4 - 1. Discuss ways a lay witness...

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