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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 collection of a loan, P offers as evidence a certified true copy of a writ of execution issued by the trial court in a prior case against D; the original writ cannot be located. D objects to the admissibility and weight of the copy. (a) Identify the presumption under Rule 131, Sec. 5 that P relies on; (b) State whether the presumption is conclusive or rebuttable and how it can be overcome; (c) Apply to the facts and determine whether the certified copy may be treated as competent evidence of the writ’s existence and terms, and what effect that presumption would have on D’s burden.

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Clara

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