Crucial Exams

Multistate Bar Examination Practice Question

In a breach of contract lawsuit, the plaintiff offers a handwritten letter as evidence. The plaintiff claims the letter, which details secret terms of the agreement, was written by the defendant's now-deceased CEO. The letter's contents refer to specific, confidential details of the negotiation that, according to the plaintiff, only the CEO would have known. The plaintiff argues the letter should be authenticated based on these contents alone. How should the court rule on the authentication of the letter?

  • Admit the letter, because a statement from a deceased person that is against their interest is a hearsay exception and therefore self-authenticating.

  • Exclude the letter, because handwritten documents from a deceased person can only be authenticated by expert handwriting analysis.

  • Admit the letter, because its contents contain distinctive details that only the purported author would have known, which is sufficient for authentication.

  • Exclude the letter, because authentication requires extrinsic evidence linking the document's contents and their distinctive characteristics to the purported author.

Multistate Bar Examination
Evidence
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