BASIC PROGRAM: Principles of Evidence

Transcription

1 THE COUNCIL ON LICENSURE, ENFORCEMENT & REGULATION NATIONAL CERTIFIED INVESTIGATOR & INSPECTOR TRAINING BASIC PROGRAM: MODULE GUIDE 2015 The Council on Licensure, Enforcement and Regulation (CLEAR)

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3 Table of Contents In this Instructor Guide This Instructor Guide includes the following topics. Topic See Page Table of Contents 235 Course At a Glance 236 Preparing for Delivery 237 Instructor Outline: 238

4 Course At a Glance Goals Upon completion of the session, you will be able to: Identify the classifications, types and forms of evidence. Identify the uses of each type of evidence. Understand the rules of evidence and uses in administrative proceedings. Overview The table below provides a quick overview of this course including what s covered in each lesson, the estimated time for each, and the supporting instructional media required. Duration Content Media 05 Minutes Welcome and Introductions Slide 1 10 Minutes Session Introduction Slides Minutes Introduction to Slides Minutes Slides Minutes Slides Minutes Affecting Investigations Slides Minutes Slides Minutes Session Review Slides 36 41

5 Preparing for Delivery Before the day of the class Review all materials provided for this course: PowerPoint Presentation o Ensure your contact information is correct on the last slide of the presentation Instructor Guide Participant Guides o Content is correct Ensure enough materials are provided for all participants. On the day of the class Pull up the PowerPoint Show file on the available computer and hook up the provided projector. Make sure all resources are available in the room. Your instructor guide Participant guides Computer Projector Pens/Pencils

6 Instructor Outline: Duration 2 hours excluding break Slide 1 National Certified Investigator & Inspector Training Basic Program Instructor Name Agency Say Welcome to the session of the CLEAR Learning NCIT Basic course. Introduce yourself, including a brief overview of your credentials and history with CLEAR.

7 Slide 2 Session Introduction Explain that we will first review the session learning objectives and session structure.

8 Slide 3 Learning Objectives Upon completion of the session, you will be able to: Identify the classifications, types and forms of evidence. Identify the uses of each type of evidence. Understand the rules of evidence and uses in administrative proceedings. Read the learning objectives on the screen. Ask if there are any questions.

9 Slide 4 Session Map Introduction to Affecting Investigations Explain that there are five lessons within the Investigative Process session that will be demonstrated today. Introduction to Affecting Investigations Ask if there are any questions.

10 Slide 5 Introduction to Principles of Evidence Explain that the first section provides an introduction to the principles of evidence. Students should use this lesson to better understand why they may have trouble with prosecutors regarding their reports and learn tools to avoid those issues.

11 Slide 6 I<Clicker Question Do you collect/handle evidence as a part of your investigations? A. Yes B. No C. Unsure Introduction to Affecting Investigations Ask the question on the slide. Provide students with enough time to answer the question.

12 Slide 7 General The Law of Evidence Why have Rules of Evidence? Consistency Reliability Fairness Introduction to Affecting Investigations Explain: The law of evidence is a system of rules that controls when, how, and whether information can be admitted into the record of a hearing. Why have rules of evidence? Consistency The same controls on admissibility should be applied to each hearing, regardless of the judge or other parties involved. Reliability The rules should allow in the most reliable evidence and keep out information of inferior reliability. Fairness The rules should apply to all equally, without two or more sets of rules. There should never be one set of rules for certain privileged parties while the others are left with a different, less advantageous set of rules. Explain Always assume that any case you handle will make it through the entire adjudication process, including appeal. When you write your report with the mind set of A judge will see this it will help you to make sure you create a full and complete report.

13 Slide 8 Terms Introduction to Affecting Investigations Evidence The means by which any contested factual matter may be established or disproved in a legal proceeding Probative That which furnishes, establishes, or contributes toward proof of an issue to be decided. Admissibility Evidence that is proper to be considered in reaching a decision. Explain: The terms provided on the slide. Evidence: The means by which any contested factual matter may be established or disproved in a legal proceeding. All evidence is a form of information, but not all information can or will be admitted as evidence. Probative: That which furnishes, establishes, or contributes toward proof of an issue to be decided. Admissibility: Evidence that is proper to be considered in reaching a decision. If evidence is offered, but not admitted, that evidence will not be used in making the decision.

14 Slide 9 Explain that the second section reviews the classifications of evidence.

15 Slide 10 Two main classifications of evidence Direct Circumstantial Introduction to Affecting Investigations Explain that there are two main classifications of evidence; direct and circumstantial.

16 Slide 11 Direct Evidence Eyewitness Other Forms i.e. photos, records Photographs Records Signed Statements Introduction to Affecting Investigations Explain that direct evidence tends to establish a fact in issue without the need for an inference or presumption. Direct evidence generally requires an eyewitness. Direct evidence can take other forms, such as: Photographs Records Signed statements Example: In a drug diversion hearing, a nurse testifies that she saw another nurse take narcotics from the medication cabinet at the end of her shift, place the bottle into her purse, and walk out of the facility. That would be direct evidence of drug diversion.

17 Slide 12 Circumstantial Evidence Introduction to Affecting Investigations Cases around circumstantial evidence Difficulties Circumstantial evidence requires inferences to be drawn from the evidence in order to prove the case Requires proof that interpretation of evidence is only reasonable conclusion Must rule out other reasonable possibilities Explain that circumstantial evidence is proof of a fact, or series of facts, from which the existence or nonexistence of other facts may reasonably be inferred. Cases may lawfully be built entirely from circumstantial evidence. The difficulty in building successful circumstantial cases lies in the need to show that the inferences drawn from the circumstantial evidence, constitute sufficient evidence that a violation has been committed. This will often leave the agency having to prove that its interpretation of the evidence is the only reasonable interpretation. Ruling out the other reasonable possibilities can be a difficult job.

18 Slide 13 Circumstantial Evidence Example Drugs are missing Only when one nurse was on duty Only at the end of his/her shift Only this nurse had access to the medicine cabinet during times in question Patients complained: Did not receive medications or, Medications didn t work The nurse had slurred speech during his/her shift Introduction to Affecting Investigations Explain Example: In a drug diversion case, there are no eyewitnesses that place a suspected nurse in contact with the medication. Instead, there is evidence that: Drugs are missing only on dates when the nurse was on duty, and only at the end of her shift Only she had access to the medicine cabinet during those times Patients complained that they had not received those medications from that nurse toward the end of the shift or that the medications administered by that nurse did not relieve pain The nurse had slurred speech at points during her shift during the period of time examined. From these points of circumstantial evidence, it may be reasonable to conclude that the nurse had diverted the missing narcotics. Ask the class to identify any holes in this case that a defense attorney may exploit to exonerate their client. Instructor Note: If you have a compelling example from your own experience, please feel free to discuss it. Ask for examples from a few students in attendance.

19 Slide 14 Explain that the third section defines forms of evidence.

20 Slide 15 Real Evidence Testimonial Evidence Demonstrative Evidence Judicial Notice/Stipulations Introduction to Affecting Investigations Explain Evidence can take many forms at hearing. Each form has its own strengths and challenges in its collection and use at hearing. The four main forms of evidence are: Real Evidence Testimonial Evidence Demonstrative Evidence Judicial Notice/Stipulations

21 Slide 16 Real Evidence Documentary Evidence Example: communications Physical Evidence Example: A gun Scientific Evidence Example: Lab test results Introduction to Affecting Investigations Explain Real Evidence: consists of tangible objects, such as a gun, a written contract, a bottle of narcotics, a lab report, etc. Real evidence can fall into one of three classifications, documentary, physical, or scientific. Documentary Evidence: A form of real evidence that speaks for itself as to the content. Includes: Public records Personal records Medical records Prints of s or other electronic communications Other documents Physical evidence: A form of real evidence that was part of the event in question. Includes: Objects seized at the scene, such as a weapon Garments worn during the event Security camera footage of the event, whether in: Photographic Video tape (analogue) format Digitally recorded format Hard drives, CDs or DVDs, or other electronic equipment or device used in the event Scientific evidence: the lab tests for biological specimens, non biological items (such as water or other liquids relevant to a scene), solid materials, and other reports of scientific analysis, such as the results of documents testing, radar reports, etc.

22 Slide 17 Testimonial Evidence Personal knowledge is generally required Must testify under oath or affirmation Two main types of witnesses Lay Witnesses Expert Witnesses Introduction to Affecting Investigations Explain that testimonial evidence is supplied through witnesses testifying about an event, rather than through the presentation of objects. Personal knowledge generally required: As a general rule, testifying witnesses must have personal knowledge of the topics to which he or she will testify Must testify under oath or affirmation. Types of witnesses: Lay witness Expert Witness Instructor Note: These two types of witnesses will be discussed on the next two slides.

23 Slide 18 Testimonial Evidence Introduction to Affecting Investigations Lay Witnesses Generally, only allowed to testify to facts they observed No opinions, unless they apply to observable facts like appearance, handwriting, or behavior Explain As a general rule, lay witnesses are allowed to testify only to facts that they observed. Opinion testimony is generally not permitted from lay witnesses Lay witnesses may sometimes provide opinion testimony if their opinion is rationally related to their observations, and Do not require any specialized knowledge, and Could be reached by any ordinary person Permissible lay opinion testimony may include such issues as: The general appearance or condition of a person Identify or likeness of appearance, voice, or handwriting The identification of states of emotion The speed of a moving vehicle Intoxication

24 Slide 19 Testimonial Evidence Introduction to Expert Witnesses Often used when case involves technical issues or issues of professional standards Court/hearing officer determines if the witness qualifies as an expert Competence of experts is never presumed Affecting Investigations Explain When there is an issue not within the knowledge or common experience of people of ordinary intelligence, an expert witness may be called to provide an expert opinion. Expert witnesses are commonly involved in cases involving: Technical issues Complex issues Issues involving professional standards The court will need to decide if the individual offered as an expert witness has the training and experience necessary to render an opinion on the facts of the case being tried. The competence of an expert witness is never presumed. The witness must be shown to be an expert in the relevant area to be examined each time that expert testimony is offered.

25 Slide 20 Demonstrative Evidence Used to support testimonial evidence Makes evidence more understandable to the trier of fact Examples include: Maps Photos Diagrams Introduction to Affecting Investigations Explain Demonstrative evidence is created after the incident to illustrate/support testimonial evidence or make other evidence more understandable to the trier of fact. Examples include: Maps Photographs Diagrams Models Summaries of voluminous evidence Explain that when a case goes to court/adjudication the judge is seeing all information for the very first time. They have no point of reference to the events/allegations unless you provide it to them. Make sure you can draw a mental picture for the judge through the use of demonstrative evidence so that the judge will understand context.

26 Slide 21 Judicial Notice and Stipulations Introduction to Affecting Investigations Judicial Notice: Commonly known facts Information that is accepted as true without the need to present other forms of evidence Example: Time of sunrise or day of the week Stipulations: Information and evidence agreed upon in advance by both parties Once in place, accepted as true and requires no additional proof Explain: Judicial Notice and Stipulations are information that is accepted as true without the need to present other forms of evidence to substantiate the fact. Judicial Notice Judicial notice is appropriate when the fact is commonly known or easily ascertainable as true without requiring formal proof. Judicial notice is often taken of basic facts, such as the time of sunrise or the day of the week. Stipulations Stipulations are agreements between the parties. These agreements can cover any of the information that would normally be included in a hearing, such as a stipulation to a specific statement as true, stipulations to the admissibility of specific exhibits, or stipulations as to the content of witness testimony. Once a stipulation is in place and has been accepted by the court, the information is accepted as true and requires no additional proof.

27 Slide 22 Affecting Investigations Explain that the fourth section discusses the principles of evidence affecting investigations.

28 Slide 23 General Admissibility Concerns Materiality Having some logical connection with the consequential facts Relevancy Logical Relevance Legal Relevance Inadmissible What s not allowed into the record Introduction to Affecting Investigations Admissible What is allowed into the record Explain In order to be admissible, information has to have materiality, relevancy and competency. Materiality Having some logical connection with the consequential facts Relevancy Logically connected and tending to prove or disprove a matter in issue Logical relevance In order for evidence to be logically relevant, it must have a logical tendency to prove or disprove a fact of consequence to the outcome of the action.

29 Slide 23 (Continued) General Admissibility Concerns Materiality Having some logical connection with the consequential facts Relevancy Logical Relevance Legal Relevance Inadmissible What s not allowed into the record Introduction to Affecting Investigations Admissible What is allowed into the record Legal relevance A court may exclude evidence based upon legal relevance concerns. Legal relevance issues will disallow evidence based upon concerns such as: Unfair surprise to the other party Cumulative evidence Confusion of the issues Considerations of undue delay or waste of time Unfairly prejudicial evidence. In other words, the court may still exclude logically relevant evidence if it finds that the possible helpfulness of the evidence is outweighed by its potential harm.

30 Slide 24 General Admissibility Concerns Introduction to Competency Generally competent to testify if able to: Observe Recollect Communicate and understand the oath to tell the truth Adult vs. child requirements Adults are competent unless they are of unsound mind Child age requirements usually determined by statute Affecting Investigations Explain the third test is competency. Competency A basic or minimal ability to do something; a qualification, especially as it applies to testifying. Every person is competent to be a witness except as otherwise provided in the rules of evidence or a statute Adults are competent to testify unless they are of unsound mind at the time of their production for examination A witness is generally competent to testify if he or she has the capacity to: Observe Recollect Communicate and understand the oath to tell the truth For child witnesses, the age at which a child is deemed to be competent to testify, or the procedure to be followed in determining whether the child is capable of testifying, will generally be defined by statute

31 Slide 25 Privileges Introduction to Affecting Investigations Rationale Admissible evidence not admitted due to negative affect on legally protected relationship Established by legislation or through case law Not created simply to keep information private or confidential Explain that some potential evidence will meet the test for admission as material, relevant and competent evidence, but will not be admitted at hearing because admission of such evidence could negatively affect a relationship that the law protects. The law protects some relationships in order to: Foster the success of the protected relationship Promote candor in the relationship Allow for the development of trust between the parties to a protected relationship Privileges are established by legislation or through case law and are not created simply to keep information private or confidential. Explain privileges do not solely exist to protect the relationship of those involved in a legal action. The privilege also exists so that others may trust in the relationships protected by privilege. For Example: If I hear about a case where a doctor was compelled to testify against a patient, how likely am I to be upfront and honest with my own doctor? How will that affect my relationship with my doctor and their ability to treat me?

32 Slide 26 Examples of Privileges Physician-Patient privilege Clergyman-Penitent privilege Marital Attorney-Client privilege Other Relationships Trade Secrets Introduction to Affecting Investigations Review the examples of privileges displayed on the screen. Discuss the aspects of the relationships provided. Additional information regarding some of the privileges include: Physician patient privilege Generally extends to therapists and psychologists Most statutes allow review of patient records and communications, even if otherwise privileged, by the licensing board for the professional. Marital There are two martial privileges typically recognized by the law. Allowing a current spouse to prevent the other spouse from testifying against him or her Except in certain types of cases, such as domestic abuse prosecutions Protecting against disclosure of confidential marital communications; Prevents disclosure even if the parties are divorced at time of hearing. If divorced the privilege only pertains to communications that occurred while the two parties were still married. Any communications occurring after the divorce are fair game.

33 Slide 26 (Continued) Examples of Privileges Physician-Patient privilege Clergyman-Penitent privilege Marital Attorney-Client privilege Other Relationships Trade Secrets Introduction to Affecting Investigations Attorney client privilege If a client admits guilt to a crime, you as an attorney may not disclose the admission without the client s permission; however, you also may not place your client on the stand if you believe they will perjure themselves by claiming their innocence. The privilege pertains to communications regarding past actions, but not claims of intent of future action that are harmful to themselves, or the public. Example: I killed my wife is privileged, I m going to kill my wife is not. Other relationships Determined by the state legislature or courts and include: Accountant client Victim victim s advocate Journalist source Privileges may be waived by the holder of the privilege. The holder of the privilege is the individual who benefits from the privilege, such as the patient in the physician patient privilege or the client in the attorney client privilege. If a privilege applies to potential evidence offered by the state, then the evidence will not be admitted and any decision by the court will be made without that evidence. If it is possible that a privilege may apply to the prosecution s evidence, the decision to prosecute and the trial strategy should be reconsidered under the assumption that the evidence will not be admissible.

34 Slide 27 Hearsay Introduction to Affecting Investigations An out of court statement that is presented at a hearing for the truth of the matter asserted Generally permitted in administrative hearings but given limited weight Only if of sufficient reliability Make sure your evidence is first-hand information Explain: The legal definition of hearsay is an out of court statement that is presented at hearing for the truth of the matter asserted. The easiest way to think about hearsay is to realize that the witness on the stand is repeating something that he or she was told by others. Under the normal rules of evidence, hearsay statements are generally barred unless one of the many exceptions to the hearsay rule applies. Hearsay is generally excluded from a truth finding hearing because hearsay statements present a reliability problem. Hearsay witnesses are, by definition, repeating what they have been previously told. A hearsay witness cannot be effectively cross examined to determine the reliability of the original source of the information. Administrative hearings generally permit the admission of hearsay evidence, if it is of sufficient reliability. Hearsay evidence, however, is generally viewed as weak evidence because of the difficulties in judging the reliability of the information.

35 Slide 27 (Continued) Hearsay Introduction to Affecting Investigations An out of court statement that is presented at a hearing for the truth of the matter asserted Generally permitted in administrative hearings but given limited weight Only if of sufficient reliability Make sure your evidence is first-hand information Note: The prior statements of a party opponent are not considered to be hearsay, even though they are often made prior to the hearing and are offered for the truth of the matter asserted. In administrative cases brought by a licensing agency, the party opponent would be the licensee. The reason that hearsay would not bar admission of such a statement is because it is fair to discuss what a party has said previously because the party will always be present to explain or contest such evidence. Investigators should remember that every statement made to them by a party opponent, such as a licensee in a professional discipline case, can be offered at hearing, either in the state s case in chief as substantive evidence or as impeachment during the other party s case in chief. Such statements should always be recorded contemporaneously and carefully in anticipation of use at hearing. The key to guarding against hearsay problems at hearing is to make certain that the investigation focuses on first hand information, rather than accepting only second or third hand information. Investigators must be certain to understand the source (or sources) of any witness information. Understanding the source of evidence is easier said than done. Witnesses generally do not categorize their statements by the source of the information.

36 Slide 28 Hearsay Example Introduction to Affecting Investigations James tells you that Angie is stealing medication Name three ways how James knows this First-hand, direct knowledge James saw Angie take the pills Circumstantial James saw Angie near where medications are kept. Later, medication was found missing. Hearsay A nurse told James that she saw Angie take medication Refer to Exercise Guide 05_Hearsay_Example.docx. Conduct exercise as instructed.

37 Slide 29 Hearsay Exercise Exercise: Telephone Purpose: to demonstrate the unreliable nature of hearsay Explain the exercise. The class will play a quick game of telephone. You will provide the person at the end of each row with a phrase (preferably on a small strip of paper). The phrase should be different for each row. The person who received the phrase will whisper it to the person sitting next to them, who will whisper what they hear to the person sitting on their other side. This will be repeated until the message has been relayed to the person at the opposite end of the row. Once all rows have completed their exercise ask (by row): The last person to tell the class what they were told. The first person to read the original phrase. Possible phrases Two tiny toads ate fat flying flies The funny bunny hid the colored candy in the colored can The queen sat on her throne and ate thorny kumquats Many maids mop motels Dogs dig holes for big bones A bunch of yellow bananas launched on a blue boat Twelve tumbling purple people pulled turnips

38 Slide 30 Authentication of Evidence Introduction to Affecting Investigations Establishes that the evidence is what you claim it to be Requires a process of thorough documentation on collection and maintenance of evidence Source of evidence Chain of custody Must permit authentication of evidence for months to years after collection Explain that before any evidence is admitted at hearing, a proper foundation for the admission must be built. When the evidence is in the form of real evidence, such as documents or physical evidence, the foundation requires the authentication of that evidence. Authentication means that the party offering the evidence establishes that the evidence is what the party claims it to be. Authentication normally requires that a witness who has first hand knowledge of how the evidence was collected testifies as to when, where, and from who the evidence was obtained, and where the evidence has been in the intervening time prior to hearing. Authentication requirements mean that the collection of evidence must be thorough enough, and maintained well enough, to permit the authentication of each piece of evidence months, if not years, after the evidence was collected. Advise that a best practice may be to make copies of all documents once you receive them into evidence. Maintain the original documents in their original state in a secure location and work off of the copies during your investigation. This will ensure that the original documents are not tampered with, or appear to be altered in any way, while you still have access to the information you need to run your investigation.

39 Slide 31 Best Evidence Rule Introduction to Affecting Investigations The most original document is best Secondary evidence acceptable when: Original document unavailable Presenting party did not make original document unavailable or if original document is unavailable, done so with no bad intent Doesn t apply to fact to be proven; has existence independent of any writing Example: births, marriages, or deaths Explain that the most original document is best. The rules of evidence generally require that an original writing, recording, photograph, or other document in which legitimacy is in issue, should be proven by admission of the original version of that document. Secondary evidence is acceptable when: The original is unavailable; or The party presenting it did not destroy or make the original unavailable or, if it did make the original unavailable, did not do so with bad intent. The Best Evidence rule does not apply where the fact to be proven has an existence independent of any writing. A witness may, for example, testify that she paid for a service without producing the receipt; Admissions or confessions of a party may be testified to orally by anyone who heard them, even though the admission or confession was reduced to writing; Basic biographical facts such as birth, marriage or death may be testified to orally even though there is no birth, marriage or death certificate introduced as well.

40 Slide 32 Impeachment Evidence Introduction to Used to question the credibility of a witness Demonstrating Bias Self-Contradiction Poor Character Poor Perception Prior Conviction/Bad Acts Contradictory Evidence Affecting Investigations Explain Impeachment is a technique used to attack the truth telling capacity of a witness. Impeachment may be accomplished by: Demonstrating the witness' bias pro and con Self contradiction Evidence of poor character as to truth telling A defect in perceptive capacity Prior convictions or prior bad acts Presenting contradictory evidence which is contrary to the version of events presented by the witness Impeachment evidence does not directly address the substantive issues in a case. The evidence is presented to demonstrate why the fact finder should hesitate to accept the testimony of a witness as true and correct. A thorough investigation should include investigation of Credibility of witnesses If there is a dispute of historical fact present in the versions of events offered by the witnesses

41 Slide 33 Sufficiency of Evidence in Administrative Proceedings Explain that the fifth section outlines the sufficiency of evidence in administrative proceedings.

42 Slide 34 Burdens of Proof Defines who must present sufficient evidence to prevail Generally rests upon the administrative agency or regulatory authority Introduction to Affecting Investigations Explain Burdens of Proof. A burden of proof defines who must present sufficient evidence in order to prevail at hearing. In professional discipline cases, the burden of proof generally rests upon the state to demonstrate that a violation has taken place.

43 Slide 35 Standards of Proof Introduction to Affecting Investigations Defines amount of credible and persuasive evidence required to meet burden of proof Preponderance of the Evidence Most commonly used in administrative hearings Clear and Convincing Evidence Highly probable that elements of the violation occurred Different than standard in criminal proceedings Beyond a reasonable doubt Explain Standards of Proof The standard of proof defines how much credible and persuasive evidence must be provided in order to meet the burden of proof. There are two standards of proof used in professional discipline cases or licensing cases: Preponderance of the evidence A preponderance is created by establishing that the elements of the violation are more probably true than not. Most administrative adjudications in the United States use the preponderance of evidence standard. Even Stephen, plus a feather Means that all things being equal, the tiniest piece of evidence that pushes judgement one way or the other is what wins, or loses, the case OJ Simpson was found not guilty in a criminal proceeding, but guilty in a civil action on the exact same evidence. This is due to the difference in the standards for both types of legal action.

44 Slide 35 (Continued) Standards of Proof Introduction to Affecting Investigations Defines amount of credible and persuasive evidence required to meet burden of proof Preponderance of the Evidence Most commonly used in administrative hearings Clear and Convincing Evidence Highly probable that elements of the violation occurred Different than standard in criminal proceedings Beyond a reasonable doubt Clear and convincing evidence This standard is mostly used in fraud cases. Clear and convincing evidence is established when it is highly probable that the elements of the violation occurred, and there is no serious or substantial doubt about whether the violation has occurred. In the United States, this standard is used for some agency actions, such as license revocation, or claims involving dishonesty such as claims of fraud. The standard of proof in criminal trial is beyond a reasonable doubt, not a shadow of a doubt. This standard is only used in criminal cases.

45 Slide 36 Session Review Say We have completely reviewed all topics within the session of the NCIT course. We will now review the key concepts of this session.

46 Slide 37 Knowledge Check The Best Evidence rule means: A. The most original document is best B. The trier of fact will weigh the different types of evidence C. Circumstantial evidence will not be allowed if there is direct evidence available D. The original owner of the evidence must be present Say Let s go over some key points from this session. Answer Key: Question One: The best evidence rule means: Answer: A. The most original document is best Instructor Note: There are two animations on this slide. The first displays all of the answers at once. This allows you to display the answers after displaying the question. The second animation will display which of the choices is the correct answer by changing the color, and bolding the text of that answer.

47 Slide 38 Knowledge Check Which of the following sources of evidence is not considered privileged? A. Attorney/Client B. Employer C. Marital Answer Key: Question Two: Which of the following sources of evidence is not considered privileged? Answer: C. Marital Instructor Note: There are two animations on this slide. The first displays all of the answers at once. This allows you to display the answers after displaying the question. The second animation will display which of the choices is the correct answer by changing the color, and bolding the text of that answer.

48 Slide 39 Knowledge Check Which standard of proof is used most often for deciding administrative law issues? A. Proof beyond a reasonable doubt B. Preponderance of evidence C. Clear and convincing evidence Answer Key: Question Three: Which standard of proof is used most often for deciding administrative law issues? Answer: B. Preponderance of evidence Instructor Note: There are two animations on this slide. The first displays all of the answers at once. This allows you to display the answers after displaying the question. The second animation will display which of the choices is the correct answer by changing the color, and bolding the text of that answer.

49 Slide 40 Learning Objectives Review You should now be able to: Identify the classifications, types and forms of evidence. Identify the uses of each type of evidence. Understand the rules of evidence and uses in administrative proceedings. Review the learning objectives. Ask if there are any questions regarding the objectives displayed.

50 Slide 41 Questions Ask if there are any final questions before completing the session.