Evidence Fall Build: Privileges, Authentication, Digital Evidence, Self-Authentication, Original-Writing Rule, Summaries, and Illustrative Aids
Law SchoolShow Notes
👉Turn this episode into a free Game or Book Chapter.👈 🎧 EPISODE SUMMARY 🎧 Privilege excludes relevant evidence to protect key relationships and values. Attorney-client privilege protects confidential communications for legal advice. Confidentiality is essential; necessary third parties do not destroy protection. Corporate privilege covers communications between counsel and employees regarding job responsibilities when confidentiality is kept. The crime-fraud exception applies when seeking legal aid for future crimes or fraud, not past wrongdoing. Privilege is waived by disclosure, lost confidentiality, litigation use, or subject-matter disclosure. Work product protects materials prepared in anticipation of litigation. Federal common law recognizes marital privileges and psychotherapist-patient privilege. Rule 901 authentication requires sufficient evidence that an item is what the proponent claims. Authentication uses witness knowledge, characteristics, comparison, voice/handwriting ID, system evidence, or chain of custody. Photos require witness testimony of accurate depiction. Video uses system operation, timestamps, custody, or metadata. Chain of custody is vital for fungible evidence like drugs, blood, and digital storage. Digital posts and messages connect to authors via account info, writing style, metadata, reply patterns, or testimony. Synthetic or AI media follows ordinary evidentiary rules. Rule 902 self-authentication avoids separate authentication evidence, but other objections remain. Original-writing rules apply to prove contents. Duplicates are generally admissible unless authenticity is disputed. Rule 1006 allows summaries of voluminous admissible materials. Rule 107 illustrative aids help clarify evidence but are not evidence themselves. The controlling lesson is: Proponents must establish what evidence is and satisfy admissibility rules before persuading the jury. ℹ️ INFORMATION, PRIVACY POLICY & TERMS OF USE ℹ️ The Podcast and Website Purpose The Law School Podcast and 1L Study Aide webpage supplements law-school and Bar Exam study with strategies, condensed rules, quizzes, and flashcards. Educational Disclaimer Content is for educational and informational purposes only. It is not legal advice, creates no attorney-client relationship, and does not guarantee law-school or Bar Exam success. Privacy Policy No account or login is required. This webpage uses no forms or analytics to collect personal information. Quiz and flashcard activity stays in your browser and may clear when local site data is removed. Terms of Use By using this webpage, you agree to use its content only for lawful, personal, noncommercial educational purposes. It supplements—not replaces—courses, textbooks, official materials, or qualified instruction.
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