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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

In a civil action for breach of a software licensing agreement, the plaintiff offers (a) a screen-grab of the licensing terms displayed on the defendant’s cloud portal, and (b) the testimony of the plaintiff’s IT administrator who can identify the screen-grab as a faithful reproduction of the terms currently shown in the portal. The defendant objects to the screen-grab as inadmissible secondary evidence and to the IT administrator’s testimony as hearsay. (a) Distinguish 'proof' and 'evidence' and explain what the plaintiff must show for there to be proof of the license. (b) Apply the Best Evidence Rule to the screen-grab: when is a screen-grab admissible, and what authentication or circumstances would cure its admissibility? (c) Assuming the screen-grab is admissible or the original is produced, does the combined evidence amount to proof of the license by preponderance? What additional evidence, if any, would help the plaintiff meet the standard?

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The Best Evidence Rule does not apply to digital copies; hence the screen-grab is always admissible without authentication; The IT administrator's testimony is not hearsay. If the screen-grab is admitted, it proves the terms; the plaintiff need not present the original; The cloud-based log suffices. Proof refers to the ultimate truth to be established; Evidence are the pieces offered to prove it; a screen-grab is never admissible to prove contract terms; the Best Evidence Rule requires the original contract to prove contents; the cloud copy cannot cure. Proof is the establishment of a fact by competent, admissible evidence; The screen-grab is admissible if authenticated as a true and correct copy of the original license; Duplicates are admissible under the Best Evidence Rule; The IT administrator’s testimony identifying the screen-grab assists authentication; If the original or a certified copy is produced, the evidence would likely prove the license by preponderance; Additional evidence: a certified copy from the licensing database or custodian affidavit and cloud logs.

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