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MMLU / A defendant offers into evidence his computer business records to show his good…

Problem

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question

A defendant offers into evidence his computer business records to show his good faith monitoring of the accounts in his business. The defendant testifies that he kept the records on a regular business basis €“ but did not explain the records in any other way. The government objected to the records as being hearsay and not authenticated. What will the court decide regarding the admissibility of the computer business records?

choices

  1. The court will allow the records because they were kept in the ordinary course of business.
  2. The court will require a greater foundation to establish the reliability of the records.
  3. The court will dismiss the hearsay objection because the defendant, who is the declarant, is available in court.
  4. The court will allow the records because they are the product of a reliable computer process of data collection.

subject

professional_law

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