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MMLU / A man claims to have inherited property from a wealthy businessman. The man's…

Problem

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question

A man claims to have inherited property from a wealthy businessman. The man's birth certificate shows that he was born out of wedlock. The record of a proceeding for a support order shows that the businessman was adjudged to be father of the man. However, the man can establish his status as heir of the businessman only if he was legitimated by the marriage of his mother and the businessman subsequent to his birth. Thus, the man must prove that this marriage occurred. The man's attorney has not been able to discover any marriage license or certificate. However, the attorney does have a photograph that shows a couple dressed in wedding clothes. The scene is the front of a church. Bystanders are seen to be throwing rice at the couple and they seem to be responding by smiling and bowing down. The attorney was given the photograph by the man. He found it in his mother's effects following her death. The man believes that the bride in the picture is his mother. He cannot identify the groom. The attorney was informed by a former acquaintance of the businessman who has seen the snapshot that he thinks the groom is the businessman. If the attorney seeks to introduce the photograph as proof that the mother and the businessman were married, the trial judge should rule the photograph

choices

  1. admissible, only if the photographer is available to testify concerning the circumstances under which the photograph was taken.
  2. admissible, only if a witness verifies that it is a correct and accurate representation of the relevant facts.
  3. inadmissible as non-verbal hearsay not within any recognized exception.
  4. inadmissible as not the best evidence.

subject

professional_law

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