229k views
3 votes
Why was the business record exception created to allow hearsay

evidence to be admitted? Do you think this legal exception is a
good one? Why or why not? There are six ways in which electronic
records

User Ericsicons
by
7.7k points

1 Answer

3 votes

Final answer:

The business record exception to hearsay evidence was created on the basis that regularly maintained business records are generally reliable. It is seen as good by some because it acknowledges the practical and routine nature of how businesses operate, ensuring record accuracy. The exception includes electronic records, reflecting modern business practices.

Step-by-step explanation:

The business record exception was created to allow hearsay evidence to be admitted in legal proceedings under certain conditions. This exception is based on the rationale that records which are made in the regular course of business and are regularly maintained are likely to be reliable and thus can be exempt from the hearsay rule. These records include electronic records, which have become increasingly common in contemporary business practices.

Some legal experts argue this exception is a good one because it recognizes the practicality of business records as trustworthy evidence without the unnecessary hindrance of the hearsay rule. This is because businesses typically have routine practices to ensure the accuracy of their records, which are essential for their operations. However, others might raise concerns about the potential for misuse or the authenticity of such records, especially in digital formats where alterations could be more challenging to detect.

User Stream
by
6.9k points