Under the Business Exemption Rule to the hearsay evidence, which of the following exceptions would have no bearing on the inadmissibility of audit logs and audit trails in a court of law?

Question

Options

• ARecords are collected during the regular conduct of business.
• BRecords are collected by senior or executive management.
• CRecords are collected at or near the time of occurrence of the act being investigated to
• DYou can prove no one could have changed the records/data/logs that were collected.

• A
  13% (6)
• B
  80% (37)
• C
  2% (1)
• D
  4% (2)

Explanation

The Business Records Exception (a recognized exception to the hearsay evidence rule) allows records created in the ordinary course of business to be admitted in court. To qualify, records must generally satisfy criteria including: they were made during the regular conduct of business (A), they were created at or near the time of the event (C), and their integrity can be demonstrated-i.e., no one could have altered them (D). Critically, who collected the records is NOT a criterion. Whether records were collected by a junior analyst, a senior manager, or an executive is irrelevant to their admissibility under this exception. The seniority or title of the person who gathered the data has no legal bearing on whether the records meet the Business Records Exception standard.

No community discussion yet for this question.