The Best Evidence Rule permits secondary evidence when:

Prepare for the Federal Law Test. Use flashcards and multiple-choice questions, each with hints and explanations. Ace your exam with confidence!

Multiple Choice

The Best Evidence Rule permits secondary evidence when:

Explanation:
The Best Evidence Rule asks you to prove the content of a writing with the original document when the content is at issue. But there’s a crucial exception: secondary evidence is allowed if the original is lost or destroyed, and there’s no bad faith in the loss or destruction. That combination—loss or destruction plus no bad faith—lets you use copies, testimony about the content, or other secondary evidence to prove what the writing says. So this choice fits perfectly: the original is lost or destroyed with no bad faith. If the original were simply in another country or a witness couldn’t remember the event, those facts don’t create the BE Rule exception. The presence of a minor child isn’t relevant to this rule either. The bad-faith element is essential: if someone destroyed the original to obstruct production, the secondary evidence rule wouldn’t be triggered in the same way.

The Best Evidence Rule asks you to prove the content of a writing with the original document when the content is at issue. But there’s a crucial exception: secondary evidence is allowed if the original is lost or destroyed, and there’s no bad faith in the loss or destruction. That combination—loss or destruction plus no bad faith—lets you use copies, testimony about the content, or other secondary evidence to prove what the writing says.

So this choice fits perfectly: the original is lost or destroyed with no bad faith. If the original were simply in another country or a witness couldn’t remember the event, those facts don’t create the BE Rule exception. The presence of a minor child isn’t relevant to this rule either. The bad-faith element is essential: if someone destroyed the original to obstruct production, the secondary evidence rule wouldn’t be triggered in the same way.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy