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Simple English definitions for legal terms
authentication
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A quick definition of authentication:
Authentication means to sign or execute a document to prove that it is what it claims to be. In legal cases, authentication is the process of providing enough evidence to show that the evidence being presented is genuine. This is often called "laying a foundation" for the evidence. There are different ways to authenticate evidence, such as using witness testimony or public records. For modern forms of communication like text messages or social media, additional evidence may be needed to prove that the messages or accounts belong to the person in question.
A more thorough explanation:
Definition: Authentication refers to the process of signing or executing a document to prove its validity. In legal terms, authentication means providing sufficient evidence to prove that the evidence a party seeks to admit is what they claim it to be. This process is also known as "laying a foundation" for the evidence to be admitted at trial.
There are various methods to authenticate evidence, such as:
- Testimony of a witness with knowledge of the matter
- Evidence of public records
- Evidence of distinctive characteristics
For example, if a party wants to introduce text messages as evidence, they need to authenticate them by proving that the messages were sent by the person they claim to be from. This can be done by providing evidence that the phone number listed is the sender's number, the substance of the message is recognizable as being from the sender, or other corroborative evidence that establishes the sender's identity.
Similarly, for email or social media communications, simply having a name attached to an account is not enough to authenticate the evidence. The party needs to provide additional evidence, such as the list of contacts, the number of people with access to the account, and the nature of interactions with the account to prove that the account was owned and operated by the person in question.