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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In an action for breach of a written service agreement, the plaintiff offers a scanned copy of a signed work order showing the contract terms. The original hard copy was destroyed in a flood before trial. The defense objects that the best evidence rule requires production of the original document. The trial court excludes the scanned copy. Later, the plaintiff’s records custodian testifies that the scanned copy is a true and correct copy made in the ordinary course of business and that another employee assisted in printing. The plaintiff then moves for curative admissibility, arguing that exclusion would result in a miscarriage of justice. The court denies the motion. Is the scanned copy admissible under curative admissibility? Explain the doctrine, distinguish it from ordinary admissibility rules, and apply to these facts. (a) Identify the central doctrine and its purpose. (b) State the conditions and boundaries for applying curative admissibility. (c) Apply to the facts and decide the outcome, with a brief explanation.

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Clara

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