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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Under A.M. No. 01-7-01-SC, Rule 8, a bank uses a cloud-based Mortgage Origination System (MOS) to generate and store mortgage loan documents. On June 3, 2025, the custodian prints a PDF copy MORT-077, for the loan dated May 25, 2025. The document shows: loan number, borrower, property address, principal amount, interest rate, term, and date; it bears the system-generated timestamp and a digital seal from the MOS. The MOS stores the original electronic loan file in the cloud; audit logs show creation and subsequent updates; the system also generates a cryptographic hash to ensure integrity. The adverse party objects to admitting the printed PDF as evidence, contending that the original electronic record is required or that the printout is not a proper duplicate. Under Rule 8, answer the following in subparts: (a)Identify the controlling doctrine and prerequisites for admissibility of electronic or optical or other similar business records. (b)Distinguish between 'original' and 'duplicate' in the context of electronic records and explain when a printed PDF may be admitted without producing the original. (c)Based on the facts, determine whether the printed PDF MORT-077 should be admitted and what additional foundation (e.g., custodian's certification) is needed.

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Clara

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