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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Fact Pattern: A shipping company uses a cloud-based Freight Management System (FMS) to generate and store manifests. On June 12, 2025, the custodian prints a PDF copy FM-2025-042 for a shipment issued on June 9, 2025. The manifest lists manifest number FM-2025-042, date, consignor, consignee, items and weights, and ETA; it bears the system-generated timestamp and an apparent digital seal from the FMS. The custodian testifies that FM-2025-042 was created by the FMS in the ordinary course of business, stored in the cloud, and that system audit logs show creation and subsequent updates. The adverse party objects to admitting the printed PDF as evidence, arguing that the original electronic record is required or that the printout is not a proper duplicate. Under A.M. No. 01-7-01-SC, Rule 8, answer the following in a single best-answer format: (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 FM-2025-042 should be admitted and what additional foundation (e.g., custodian's certification) is needed.

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Clara

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