Legal Research & Investigation Techniques Flashcards

What is the primary purpose of maintaining a chain of custody for physical evidence?

Answer: To show the evidence is authentic and unaltered since collection

A documented chain of custody shows who handled the item and that it was not tampered with, supporting authentication.

Which Federal Rule of Evidence sets the requirement of authenticating or identifying an item of evidence?

Answer: Rule 901

FRE 901 requires evidence sufficient to support a finding that the item is what its proponent claims it is.

What is the recommended sequence for photographing a scene?

Answer: Overall, mid-range, then close-ups with and without a scale

Moving from overall to close-up establishes context and location, and scaled close-ups document size.

Under the best evidence rule (FRE 1002), when is an original document generally required?

Answer: When a party seeks to prove the content of the writing

FRE 1002 requires an original (or admissible duplicate) when the content of a writing, recording, or photograph is being proved.

Under FRE 801(c), hearsay is best defined as:

Answer: An out-of-court statement offered to prove the truth of the matter asserted

Hearsay is a declarant's out-of-court statement offered in evidence to prove the truth of what it asserts.

What is the best practice when preserving data from a computer hard drive for litigation?

Answer: Create a forensic image and verify it with a hash value

A bit-for-bit forensic image verified by hash shows the copy is identical to the original without altering it.

Records kept in the regular course of a business and made at or near the time of the event are admissible under which hearsay exception?

Answer: Records of a regularly conducted activity

FRE 803(6) admits business records made at or near the time by someone with knowledge as a regular practice.