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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a civil action for breach of a consultancy agreement, the plaintiff seeks to introdu ce an electronically signed Execution Agreement stored in a cloud-based contract management system. The agreement bears an electronic signature created by the plaintiff’s lead consultant using the consultant’s private key and a CA-issued digital certificate. The consultant denies signing. The plaintiff offers: (i) the CA-issued digital certificate, (ii) a trusted time-stamp attached to the signature, (iii) server logs showing the consultant’s login during the signing window, (iv) a cryptographic hash chain documenting the document’s integrity at signing, and (v) an internal signing portal audit trail showing the signing sequence and approvals. The defense objects on authenticity. Complicating factor: the CA certificate used to validate the signature was revoked after signing due to a suspected compromise. (a) Is the electronic Execution Agreement admissible under AM 01-7-01-SC, Rules 3-6? (b) What must be shown to authenticate the electronic signature and to establish the document’s integrity? (c) If the certificate is revoked after signing, how should the court treat the weight and admissibility of the electronic agreement, and what implications arise for the signatory’s attribution of the signature?

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Clara

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