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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 non-disclosure agreement (NDA), the plaintiff offers (a) a printed email exchange between the parties containing the NDA terms and signed by the defendant's officer, and (b) the testimony of the plaintiff's IT administrator who can identify the email and attest that it was generated by the defendant's server. The defendant objects to the email printout 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 NDA. (b) Apply the Best Evidence Rule to the email printout: when is the email admissible, and what authentication or circumstances would cure its admissibility? (c) Assuming the email printout is admissible or the original is produced, does the combined evidence amount to proof of the NDA by preponderance? What additional evidence, if any, would help the plaintiff meet the standard?

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To meet preponderance, the plaintiff must present additional corroboration such as a signed NDA or witness testimony regarding the signature, since a single emailed exchange might be insufficient to prove the contract. Proof means the court is persuaded by a preponderance of evidence that a disputed fact is true; Evidence are the individual items offered to establish that fact; The plaintiff need show that the NDA exists and its terms, and the email printout, if properly authenticated, can constitute proof; The IT administrator’s testimony serves only to identify the document and authenticate its source, not to prove the content. The email printout is admissible as a duplicate if it accurately reproduces the original and is authenticated by the custodian of records or by the person who generated it; The Best Evidence Rule is satisfied by a true duplicate; The original need not be produced unless authenticity is challenged. The Best Evidence Rule requires production of the original writing; A printed email cannot substitute for the original; Therefore the plaintiff must present the actual NDA.

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