Deck 8: Documentary Evidence, Models, Maps, and Diagrams

Question 1

The "original" is the document itself and any copies the person making the document intended to have the same effect as the original.

Answer 1

True

Question 2

An acknowledgement is a form signed by a person who has compared a copy of a document to the original and verified that there are no alterations.

Answer 2

False

Question 3

Advanced laser techniques make it possible to determine when a written document was produced.

Answer 3

False

Question 4

The Penal Code officially published by your state, but not those printed by private publishers, is self-authenticating.

Question 5

The comparison of typed documents is more accurate today than it has been in the past.

Question 6

When an investigator finds a computer while serving a search warrant, the computer should be turned on and an inventory made of all files on the computer's hard drive.

Question 7

A forensic document examiner bases his/her conclusions regarding handwritten documents solely on the shapes of the letters.

Question 8

Statements made by eye witnesses recorded in a report made by a police officer who was dispatched to the scene of a crime are admissible in court under the Public Records Exception to the Hearsay Rule.

Question 9

All documents must be authenticated except those with the seal of a notary or a government agency.

Question 10

If lay witnesses authenticate a handwritten document, the opposing side will NOT be allowed to call a forensic document examiner to establish that the document is a forgery.

Question 11

Testimony of a person who was present when a document was prepared would be admissible at trial if the document was destroyed by accident.

Question 12

Computer-generated animation is admissible in court only if it is based on photographs of the scene in question.

Question 13

All documents stored on computers used by a business are covered by the Business Records Exception to the Hearsay Rule if a technician testifies that the system has not been "hacked.".

Question 14

All types of documentary evidence must be authenticated prior to being admitted into evidence.

Question 15

The ancient documents rule is only used when there are no official records regarding the event in question.

Question 16

Primary evidence, as the term is used when introducing documents at trial, means the original document or a duplicate.

Question 17

The definition of "document" used in evidence includes materials containing words and symbols as well as those that contain visual or audio information.

Question 18

A document can be authenticated by the testimony of a person who saw the document being made.

Question 19

Stock market reports in the New York Times are not admissible to show the value of stock unless they are authenticated by employees of the New York Stock Exchange.

Question 20

A document is authenticated by establishing that all of the facts stated in the document are true and accurate.

Question 21

Rule 1002 of the Federal Rules of Evidence mandates the original be produced in court when establishing the contents of a writing, recording or photograph. If the writing in question is stored on a computer, the side wishing to introduce it must produce:

A) a computer printout.
B) the computer hard drive that document is stored on and a computer printout.
C) a computer printout and expert witness who can explain how the data was stored.
D) the computer hard drive and an expert witness who can explain how the data was stored.

Question 22

Who must be called to testify in order to introduce a report at trial under the Business Records Exception to the Hearsay Rule?

A) Person who wrote the report
B) Supervisor who approved the report
C) Record custodian
D) All of these people must testify

Question 23

A certified copy of a court document is usually signed by:

A) someone in the court clerk's office in the court where the document originated.
B) the Judge who presided over the trial.
C) the Chief Justice of the state's highest court.
D) the court reporter.

Question 24

A notarized document is self-authenticating if:

A) it is signed by a senior notary.
B) the notary attaches a statement that states what the document is intended for.
C) the person who made the document signs a statement that states what the document is intended for.
D) notarized documents are not self-authenticating.

Question 25

The fact that ink manufacturers include unique, nontoxic chemical markers in their ink each year makes it possible to determine:

A) when a document was signed.
B) when a the pen used to sign the document was made.
C) when the ink on a document was produced.
D) all of these

Question 26

For computer generated animation depicting the crime to be admissible at trial:

A) a computer software engineer must testify about the formulas used to produce the animation.
B) all evidence depicted in the animation must be relevant and to scale.
C) an eyewitness to the crime must testify that the depiction is accurate.
D) all of these are required

Question 27

In most cases, a three-dimensional model of the crime scene:

A) would never be allowed in a criminal trial.
B) would be allowed if it is done to scale.
C) would be allowed only if both sides stipulated to admitting it.
D) would be allowed only if the person who made it testified.

Question 28

In legal documents, the term "writing" refers to:

A) documents that are handwritten.
B) material that is produced on a printer.
C) electronic recordings.
D) all of these

Question 29

When a computer was used by the suspect to commit a crime, a forensic examination of the computer can show:

A) who created files stored on the computer.
B) files that were deleted from the computer.
C) every date on which a file was opened.
D) All of the these

Question 30

Which of the following is an accepted way of authenticating a document at trial?

A) testimony of forensic document examiner
B) testimony of a person who observed the document being signed
C) testimony of a clerk who typed the document
D) all of these

Question 31

A forensic documents examiner can tell someone altered a document and determine what the document originally said:

A) if a razor blade was used to remove what a part of the document originally said.
B) if sandpaper was used to remove what a part of the document originally said.
C) if chemicals were used to obliterate portions of the original document.
D) no matter what technique was used.

Question 32

Which of the following qualify for the Business Records Exception to the Hearsay Rule?

A) Sales records of a retail department store
B) Attendance records from a private elementary school
C) Medical records maintained by a family doctor
D) All of these records qualify as business records

Question 33

A forensic examination of a computer can:

A) recover latent prints from the keyboard.
B) determine the identity of the person who used the computer.
C) recover files that have been erased.
D) All of these can be done during a forensic examination of a computer.

Question 34

What is the minimum number of matching characteristic that a forensic document examiner must find before he/she can state that the handwriting exemplar and the document in question were most likely written by the same person?

A) There is no set number of matching characteristics.
B) 10 matching characteristics
C) 20 matching characteristics
D) All the handwriting characteristics in the document in question must be matched to the handwriting exemplar.

Question 35

In legal terms, "photographs" includes:

A) photostatic copies.
B) X-ray films.
C) electronic recordings.
D) all of these

Question 36

Under the Federal Rules of Evidence, what is the minimum age a document needs to be in order to be treated as an ancient document?

A) 10 years old
B) 20 years old
C) 30 years old
D) 40 years old

Question 37

Which of the following would be considered public records?

A) birth certificate filed with the county by the doctor who delivered the baby
B) death certificate filed by the County Coroner
C) report of child abuse filed by a "mandatory reporter"
D) all of these are considered public records

Question 38

A lay person can take the witness stand and identify the handwriting on a document:

A) only if the witness saw the person write the entire document.
B) only if the witness has been familiar with the person's handwriting for at least 10 years.
C) only if the witness is familiar with the handwriting of the person in question.
D) only forensic handwriting examiners are allowed to identify handwriting.

Question 39

Parol evidence about the content of a document is:

A) any copy of the document other than the original.
B) testimony introduced when no documents are available.
C) a photocopy of the original document made in the line of business.
D) all of these are admissible as parol evidence

Question 40

When introducing documents at trial, "secondary evidence":

A) is any document used to support the testimony of a witness.
B) is testimony introduced when documents are not available.
C) duplicates the original item.
D) all of these

Question 41

Explain the terms primary evidence and secondary evidence as they relate to introducing documents at trial. Give an example of each.

Question 42

Explain how the Business Records Exception to the Hearsay Rule. .

Question 43

Explain the role of a forensic documents examiner in introducing documents in court.

Question 44

Hal has been charged with fraud based on the bankruptcy he filed for a business he owned. The prosecution has a number of documents it wishes to introduce:
•Numerous invoices itemizing orders taken by the staff at Hal's company. All invoices were printed with sequential numbers but nearly one quarter of them are missing from files in the company's accounting office.
•A promissory note indicating that Hal's company owes the lender $100,000. It appears that the document was altered and the original amount of the loan was $10,000.
•Digital personnel records showing that Hal's company owes its staff $500,000 in back wages
•Handwritten notes found in Hal's office. The notes were apparently made by Hal when discussing his gambling debts. The prosecution wants to show that Hal under-report ed the company's sales in order to qualify for bankruptcy. Can invoices be admitted under the Business Records Exception to the Hearsay Rule for this purpose?

A) Yes because all records from a retail business qualify for the Business Records Exception to the Hearsay Rule.
B) Yes but only if the sales staff testify and authenticate each receipt.
C) No, the missing invoices indicate that the company's records are not trustworthy.
D) No, the Business Records Exception to the Hearsay Rule cannot be used in a criminal prosecution.

Question 45

List three types of documents that are self-authenticating. Explain what must be done to authenticate documents that are not self-authenticating.

Question 46

Fred is being prosecuted for forgery because he sold a document that he claimed was the handwritten notes Lincoln used while giving the Gettysburg Address. The prosecution has asked a forensics document examiner to evaluate the document. The Gettysburg Address was given in 1863. Will the document that Fred sold qualify in federal court an ancient document?

A) Yes, it is over 20 years old.
B) Yes, it is over 50 years old.
C) No, it was not found in a place where it is likely the authentic document would be located.
D) No, it has not been authenticated.

Question 47

Hal has been charged with fraud based on the bankruptcy he filed for a business he owned. The prosecution has a number of documents it wishes to introduce:
•Numerous invoices itemizing orders taken by the staff at Hal's company. All invoices were printed with sequential numbers but nearly one quarter of them are missing from files in the company's accounting office.
•A promissory note indicating that Hal's company owes the lender $100,000. It appears that the document was altered and the original amount of the loan was $10,000.
•Digital personnel records showing that Hal's company owes its staff $500,000 in back wages
•Handwritten notes found in Hal's office. The notes were apparently made by Hal when discussing his gambling debts. The prosecution wants to introduce evidence that the promissory note was altered.

A) The prosecution must introduce the original, unaltered note.
B) The judge may allow the prosecution to introduce secondary evidence if the defendant has possession of the original.
C) The prosecution must call someone to testify who saw Hal alter the note.
D) The prosecution must call the lender who saw Hal sign the original note.

Question 48

Bob is on trial for the murder of Carl. The prosecution is basing its case on the theory that Bob forged Carl's will, which revoked Carl's original will and made Bob the sole beneficiary, before killing Carl. Carl's original will was witnessed by Donna and Eve. Eve is a notary public. The prosecution has not been able to locate her. How will this affect the admissibility of the will that she notarized?

A) The signature will be admissible because all signatures of a notary public are self-authenticating.
B) If Eve signed the required statement of authenticity at the time the will was signed the prosecution will not need to authenticate it at trial.
C) The will can be admitted as a certified public record.
D) The page with Eve's signature will be inadmissible unless Eve testifies.

Question 49

Do models and diagrams need to be made to scale in order to be admissible at trial? Explain.

Question 50

Bob is on trial for the murder of Carl. The prosecution is basing its case on the theory that Bob forged Carl's will, which revoked Carl's original will and made Bob the sole beneficiary, before killing Carl. Carl's original will was witnessed by Donna and Eve. The prosecution wants to introduce several checks drawn on Carl's personal checking account that bear Carl's signature to show that the signature on the allegedly forged  will was not made by Carl. How can these signatures be authenticated?

A) The checks can be used for this purpose only if someone testifies that they saw Carl sign them.
B) The checks can be used for this purpose only if a forensics document examiner testifies that they are authentic.
C) The jury can compare the checks to the will and decide if they were made by the same person.
D) The checks can be used only if the bank employee who witnessed Carl sign the signature card for the checking account testifies.

Question 51

Hal has been charged with fraud based on the bankruptcy he filed for a business he owned. The prosecution has a number of documents it wishes to introduce:
•Numerous invoices itemizing orders taken by the staff at Hal's company. All invoices were printed with sequential numbers but nearly one quarter of them are missing from files in the company's accounting office.
•A promissory note indicating that Hal's company owes the lender $100,000. It appears that the document was altered and the original amount of the loan was $10,000.
•Digital personnel records showing that Hal's company owes its staff $500,000 in back wages
•Handwritten notes found in Hal's office. The notes were apparently made by Hal when discussing his gambling debts. Can Hal's handwritten notes about the gambling debt be introduced under the Business Records Exception to the Hearsay Rule?

A) Yes, all documents retained by a business qualify as business records.
B) Yes, they can be introduced as business records as long as the record custodian testifies.
C) No, handwritten notes do not qualify as business records.
D) No, these notes were not kept in the regular course of business.

Question 52

Bob is on trial for the murder of Carl. The prosecution is basing its case on the theory that Bob forged Carl's will, which revoked Carl's original will and made Bob the sole beneficiary, before killing Carl. Carl's original will was witnessed by Donna and Eve. The prosecution wants to introduce the original will as evidence of Carl's handwriting. Donna does not remember watching Carl sign the will because she works at a law office and witnesses the signing of wills on a daily basis. How can Donna's signature be authenticated?

A) Donna can testify that she recognizes her signature is on the will.
B) Donna can testify only if she can recall details about the signing ceremony.
C) Donna's signature must be verified by a forensics documents examiner.
D) Donna's signature is admissible under the Business Records Exception to the Hearsay Rule.

Question 53

Fred is being prosecuted for forgery because he sold a document that he claimed was the handwritten notes Lincoln used while giving the Gettysburg Address. The prosecution has asked a forensics document examiner to evaluate the document. What can the forensics document examiner tell from the paper and ink that might indicate forgery?

A) Numerous tests were done on the ink in the document and it has been determined who manufactured the ink.
B) The document was written in 1863.
C) The document was made recently based on the synthetic fibers in the paper.
D) A forensics document examiner would be qualified to testify to all of these.

Question 54

Hal has been charged with fraud based on the bankruptcy he filed for a business he owned. The prosecution has a number of documents it wishes to introduce:
•Numerous invoices itemizing orders taken by the staff at Hal's company. All invoices were printed with sequential numbers but nearly one quarter of them are missing from files in the company's accounting office.
•A promissory note indicating that Hal's company owes the lender $100,000. It appears that the document was altered and the original amount of the loan was $10,000.
•Digital personnel records showing that Hal's company owes its staff $500,000 in back wages
•Handwritten notes found in Hal's office. The notes were apparently made by Hal when discussing his gambling debts. The prosecution obtained digital personnel records from the computer in the accounting office of Hal's company. Can these records be introduced at trial in federal court?

A) Prosecution must call forensics computer examiner who witnessed the records being printed out.
B) Federal Rules of Evidence allow a printout to be introduced as an original document.
C) Prosecution must call someone from Information Technology at Hal's company to testify about the software used to create the files.
D) Prosecution must do all of these in order to have the records admitted in federal court.

Question 55

Fred is being prosecuted for forgery because he sold a document that he claimed was the handwritten notes Lincoln used while giving the Gettysburg Address. The prosecution has asked a forensics document examiner to evaluate the document. What can the forensics document examiner tell about the handwriting that might indicate forgery?

A) The slope and angle of the writing is different from the writing in other documents known to have been written by Lincoln.
B) Phrasing and grammar in the document Fred sold are different from what was in common use in 1863.
C) The relative dimensions of the letters in the document that Fred sold do not match those in documents well known historians have attributed to Lincoln.
D) A forensics document examiner would be qualified to testify to all of these.