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1.
May the authenticity of a document
be established through the use of a witness who did not create the document,
was not the records keeper? 2.
Under rule 901(b)(1), define what “witness
with knowledge means?” 3.
What does under qualified witness
mean under F.R.E. 802(6)? What is the level of familiarity a witness must
have with the record keeping procedure of an organization such that the witness
may lay a foundation to meet the business records exception under United States
v. Baker, 458 F.3d 513, 518? 4.
Does the business records
exception apply to a document and all its content? What about hearsay
within hearsay in a document? 5.
Provide any available case law
that counsels courts to not use the residual hearsay exception? |