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1What is the best evidence rule?
2Does the best evidence rule require that a party produce the party’s best or most persuasive evidence?
3For purposes of the best evidence rule, what constitutes a writing?
4For purposes of the best evidence rule, what is a recording?
5What constitutes an original writing or recording for purposes of the best evidence rule?
6Is a printout of electronically stored information considered an original for purposes of the best evidence rule?
7For purposes of the best evidence rule, what is a photograph?
8Is a negative of a photograph considered an original of the photograph for purposes of the best evidence rule?
9Under what circumstances does the best evidence rule apply to a party’s use of a writing, recording, or photograph?
10If an event was documented in a writing, recording, or photograph, but a party seeks to prove that event through nondocumentary evidence, must the ...
11A drugstore chain sued a sunglasses manufacturer for breach of contract, alleging that the manufacturer consistently supplied defective merchandise...
12For purposes of the best evidence rule, what is a duplicate of a writing, recording, or photograph?
13May a digitally enhanced photograph or video be considered a duplicate of the photograph or video for purposes of the best evidence rule?
14In general, is a duplicate of a writing, recording, or photograph admissible to the same extent as the original under the best evidence rule?
15Under what circumstances will a duplicate of a writing, recording, or photograph fail to satisfy the best evidence rule?
16A federal employee filed a complaint alleging that the employee’s employer engaged in national origin discrimination. The federal agency agreed and...
17Must a party seeking to admit a duplicate of a writing, recording, or photograph prove that the original is unavailable?
18Does the best evidence rule apply to oral testimony if a witness has personal knowledge of the facts to which the witness is testifying?
19Does the best evidence rule apply to oral testimony if a witness’s only knowledge of the facts to which the witness is testifying comes from viewin...
20Is secondary evidence ever permissible to prove the contents of a writing, recording, or photograph?
21Under what circumstances is an original writing, recording, or photograph not required under the best evidence rule?
22Does the best evidence rule require that a specific type of secondary evidence be used to prove the content of a writing, recording, or photograph ...
23A defendant was charged with willfully failing to pay taxes. Before he was indicted, his wife filed for divorce. The defendant’s wife’s lawyer inte...
24Under what circumstances may the content of an official public record be proved by a copy of the record instead of the original record?
25Is it the court’s role to determine whether a party seeking to prove the contents of a writing, recording, or photograph may do so with secondary e...
26In a jury trial, is it the jury’s role to determine whether secondary evidence of the content of a writing, recording, or photograph accurately ref...
27May a party prove the content of a writing, recording, or photograph by using the testimony, deposition, or written statement of the party against ...
28May a party ever introduce a summary of writings, recordings, or photographs to prove their content rather than admitting the writings, recordings,...
29Is there a numerical threshold that writings, recordings, or photographs must meet to be considered so voluminous that their content may be proved ...
30If the proponent of summary evidence does not make the underlying writings, recordings, or photographs available for examination or copying by othe...
31Must summary evidence offered to prove the content of voluminous writings, recordings, or photographs accurately reflect the underlying materials o...
32May summary evidence offered to prove the content of voluminous writings, recordings, or photographs be based on inadmissible evidence?
33A television evangelist was charged in federal court with mail and wire fraud arising from deceptive fundraising. In the prosecutor’s case-in-chief...
34The defendant, a home builder, was charged with conspiracy to defraud mortgage lenders in the subprime housing market. At trial, a cooperating co-d...
35What is the difference between demonstrative evidence and a summary offered to prove content?
36May a summary of a writing, recording, or photograph be used as secondary evidence to prove the content of the writing, record, or photograph if th...
37For what purpose can a jury use a summary to prove content?
38Is a limiting instruction required if a court admits a summary to prove content?
39Must the person who creates a summary to prove the content of a writing, recording, or photograph, or who lays the foundation for the admission of ...
40An employee of the city of San Juan, Puerto Rico, sued his employer for disability discrimination. The employee argued that he was demoted because ...
41What is the rule of completeness?
42Does the rule of completeness generally apply to oral statements?
43Under what circumstance is a portion of a written or recorded statement admissible as a matter of fairness?
44When must an opposing party seek to introduce additional evidence that she claims should be considered in fairness under the rule of completeness?
45Does the rule of completeness automatically make the entirety of a writing or recorded statement admissible if the proponent has admitted only a po...
46In order to introduce the remainder of a statement or a related statement, what foundation must the opponent of an admitted written or recorded sta...
47A sailor brought a negligence claim against a ship’s owners after he slipped and fell while on board the ship, dislocating his shoulder. The sailor...
48The defendant was charged with receipt of material involving the sexual exploitation of minors. The defendant gave a videotaped statement to the po...
49Do courts have a consensus on whether the rule of completeness is a rule of timing or a rule of admissibility?
50A defendant was charged with possession of marijuana and felony possession of a firearm. The gun was found under the defendant’s bed next to a stas...
All flashcards
50 cards