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Source Best Evidence Wisconsin Bar Exam Topic Index Matched to this deck.

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The parties dispute the legal effect of a contested transaction. A party offered screenshots and testimony after the original file was deleted. The parties disagree about the legal effect of those facts. How is the court most likely to rule?

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Resolve the dispute on equitable fairness alone without identifying the governing doctrine or its limits. Import a rule from a nearby issue instead of applying the rule triggered by these facts. The court should resolve the dispute by applying the operative rule to the material facts: The answer should identify the governing rule for Best Evidence and apply it to the operative facts. Reject the claim or defense solely because the opposing party disputes a required fact.

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