TTTBE #11: Early Answer for Patrons (Patreon)

The answer to the question was (D) -- that the plaintiff was required to introduce the MRI report under the "best evidence" rule.  Sadly, Thomas got this question incorrect, and is now 6-for-11 (54.5%) and in danger of failing the bar exam.

Rule 1002 of the Federal Rules of Evidence provides that "An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise."

Thus, the default rule is that if an original document is available, you must produce it.  If the document is not available, you can try to prove its contents through other means, including testimony; but if the document is available, you must introduce if if you intend to rely on it.  This is a pretty common-sense principle once you stop and think about it.

There were no clear patterns to the incorrect answers, all of which simply ignored the best evidence rule.  (I think all of our lawyer and law student listeners got this question right.)  We analyze the other responses in more detail in tomorrow's Episode 45.

This question was straightforward for a lawyer, but definitely could be confusing for a layperson.  Now, of course, the important question is whether Thomas reverse his losing streak?? Stay tuned for another question when Question #12 drops along with Friday's Epsiode 46.  We hope you enjoyed playing along with TTTBE; please keep playing!