Legal Definitions - exemplar

In legal terms, an exemplar refers to a sample or specimen provided for comparison, typically to establish identity, authenticity, or origin. It is considered nontestimonial evidence, meaning it is physical evidence or a physical characteristic rather than spoken testimony given in court.

• Example 1: Document Authenticity

  Imagine a lawsuit where the authenticity of a signed contract is in question. The court might order one of the parties to provide several samples of their signature from other undisputed documents, such as previous tax returns, bank statements, or driver's license applications.

  These known, authentic signatures serve as exemplars. Forensic document examiners can then compare these reliable samples against the disputed signature on the contract to determine if it is genuine or a forgery.

• Example 2: Tool Mark Identification

  Consider a burglary case where a specific type of crowbar was used to pry open a window, leaving unique marks on the frame. When a suspect is apprehended and a crowbar is found in their possession, investigators might use that tool to create test marks on a similar material in a controlled environment.

  The test marks created by the suspect's crowbar are exemplars. These marks can then be compared under a microscope to the tool marks left at the crime scene to determine if the suspect's tool was indeed the one used in the burglary.

• Example 3: Tire Tread Comparison

  In a hit-and-run accident investigation, tire tracks might be found at the scene. If a suspect vehicle is later identified, law enforcement might take impressions of the tires on that vehicle or seize the tires themselves.

  These tire impressions or the actual tires from the suspect's vehicle are exemplars. Forensic experts can then compare the unique tread patterns and wear characteristics of these exemplars to the tire tracks found at the accident scene to determine if the suspect's vehicle was involved.