1. An officer was driving in her squad car when she spotted the defendant, whom the officer knew because she had arrested him for an armed robbery in the past. She followed the defendant for awhile and noted that he kept looking nervously over his shoulder at the squad car and that he was carrying a brown paper bag in his hand. Suddenly, the defendant darted into an alley. A few moments later, he emerged from the alley without the paper bag and began running. The officer put on her siren and pursued the defendant. He was quickly apprehended and searched by the officer. She then drove back to the alley to search it. About six feet from the entrance to the alley, the officer found a paper bag that contained a handgun. She copied the gun's serial number before taking the gun back to the police station. The defendant was charged with illegal possession of a handgun and carrying a concealed weapon. At his trial, while the officer is testifying, the prosecution seeks to admit the gun that the officer found into evidence against the defendant. The defense attorney objects on the grounds that the gun lacks proper identification.

Should the objection be sustained?

a. No, because the objection should have been based on chain of custody.

b. Yes, because the gun was not in the defendant's possession at the time of his arrest.

c. Yes, because there is insufficient proof that the gun belonged to the defendant.

d. No, because there is sufficient evidence that the gun belonged to the defendant.

2. In a criminal trial, the prosecutor called a witness to the stand to authenticate the voice in a tape recording as the defendant's. The only other time the witness had heard the defendant's voice was after his arrest.

Assuming a proper foundation has been laid, may the witness properly authenticate the defendant's voice?

a. Yes, because the prosecutor can qualify the witness as an expert on the defendant's voice.

b. No, because the witness did not hear the defendant's voice until after he was arrested.

c. Yes, because the witness is now familiar with the defendant's voice.

3. Witness may testify orally that he paid for goods received without producing the receipt that was given.

True

False

4. Witness may not testify about the content of a written deed unless sufficient reason is given for not producing the original deed.

True

False

5. It is somewhat imprecise to call the "Best Evidence" rule the "Original Document" rule since the rule also applies to recordings and photographs.

True

False

6. Norris is suing Stanley for breach of contract. Norris claims that Stanley sent him a letter, which Stanley signed, in which Stanley agreed to sell Norris a vintage comic book for $500.Stanley claims he never wrote any such letter and never accepted Norris' offer. Which of the following is a correct statement regarding the extent to which Norris can testify about the letter?

a. Norris can testify to the statement that Stanley made in the letter.

b. Norris cannot testify to the statement that Stanley made in the letter, and he cannot use a photocopy of the letter or the original letter unless Stanley stipulates to the fact that he wrote the letter.

c. Norris cannot testify to the statement that Stanley made in the letter, and he cannot use a photocopy of the letter. He must have the original letter, and must have it authenticated by someone who knows Stanley's signature.

d. Norris cannot testify to the statement that Stanley made in the letter; he must have a photocopy of the letter or the original letter, and have it authenticated by someone who knows Stanley's signature.

7. Morris received a flyer in the mail from Able Home Improvement, offering a free estimate for evaluating his home's insulation needs. Morris called Able and asked Able to come out and give them an estimate. Able employees came to Morris' home and spent three hours in his attic inspecting his insulation. When they were done, they provided him with an estimate for new insulation and also a bill for $200 for the estimate. Morris protested, saying that Able's flyer had promised a free estimate. Unfortunately, Morris had thrown the flyer away the day after he called Able to come out, and his garbage had been taken away to the dump. Able demanded the money and ultimately sued Morris for non-payment. At trial, Morris sought to testify about Able's flyer which promised a free estimate. Able objected, arguing that the best evidence rule precluded the testimony. How should the judge rule on the objection?

a. Sustain the objection, because Morris is the person who made the original unavailable.

b. Overrule the objection, because the best evidence rule does not apply to commercial documents.

c. Sustain the objection, because the best evidence rule applies even if the original is unavailable.

d. Overrule the objection, because the original has been lost.

8. Pursuant to a valid court order, the FBI installed a wiretap on a telephone in a warehouse which they suspected was being used to store stolen property. The FBI recorded over fifty hours of conversation between the owner of the warehouse and another man who was referred to only as "Slick." During the course of the conversation, the warehouse owner mentioned a number of stolen items and Slick made offers to purchase them. Other evidence led the FBI to believe that "Slick" was actually Sam Gordon, a known criminal who sold stolen goods over the internet. The FBI agents running the wiretap called in Special Agent Donovan, who had used Gordon as an informant numerous times and was familiar with his voice. Donovan confirmed that the voice of Slick on the tape belonged to Sam Gordon. Gordon was ultimately arrested and charged with receiving stolen property. At trial, the prosecutor seeks to play some portions of the tape to the jury. The prosecutor intends on authenticating the tape by calling Special Agent Donovan to testify that the voice of the man called Slick belongs to Sam Gordon. Gordon will testify that the voice on the tape does not belong to him. Should the tape be admitted into evidence?

a. Yes. Agent Donovan's testimony is sufficient to authenticate the voice as Gordon's.

b. No. Agent Donovan does not have sufficient familiarity with Gordon's voice to authenticate it.

c. Yes. Voices on audiotape are self-authenticating.

d. No. There is a reasonable dispute as to whether the voice on the tape is Gordon's.

9.

Which of the following is not self-authenticating?

a. An inventory record for a lumber company which has been properly certified as a business record under hearsay exception 803(6).

b. An article from the New York Times newspaper.

c. A copy of the official Internal Revenue Service ("IRS") record of payment of taxes, certified by the manager of the regional IRS office.

d. A signed letter that is dated from twelve years ago, that transfers title of land.