Evidence Bar Practice Exam

Session length

1 / 20

How can the authority of a learned treatise be shown?

By having the treatise itself presented as evidence

By the expert witness affirming it as authoritative

The authority of a learned treatise can be shown by having an expert witness affirm it as authoritative. In legal contexts, a learned treatise is a publication that is acknowledged by experts in the field to be a credible source of information. When an expert witness, who is qualified in the relevant field, testifies regarding the treatise's authority, it establishes its reliability and relevance to the case. This endorsement by an expert allows the content of the treatise to be considered for its substance as it relates to the case at hand.

Other methods of presenting a treatise, such as merely presenting the treatise itself or submitting it in written format, do not independently establish its authority within the context of the proceedings. Furthermore, jurors' approval does not constitute a formal acknowledgment of a treatise's authority; rather, it is the expertise of the witness that carries weight in determining the credibility of the treatise.

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By the approval of the jurors

By presenting it in a written format only

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