BSA Mini Quiz 2

1. Which statement best captures the effect of Section 61 BSA?

Electronic records are inherently inferior to paper documents.

Electronic or digital records cannot be documents.

An electronic or digital record cannot be denied admissibility merely because it is electronic/digital and, subject to Section 63, has the same legal effect, validity and enforceability as other documents.

Every electronic record is automatically admissible without conditions.

2. A party seeks to rely upon a computer output as evidence of the contents of an electronic record. Which section specifically governs its admissibility?

Section 57

Section 60

Section 61

Section 63

3. Which provision creates a presumption concerning an electronic record that is five years old?

Section 81

Section 85

Section 90

Section 93

4. The Court is asked to presume the genuineness of an electronic agreement. Which provision is most directly relevant?

Section 80

Section 84

Section 85

Section 90

5. Which provision specifically concerns the presumption as to electronic messages?

Section 85

Section 86

Section 90

Section 93

6. A party produces the original document before the Court. Which statement is correct?

It is necessarily secondary evidence because it is a document.

It is primary evidence, subject to the statutory definition and circumstances.

It is inadmissible unless a certified copy is produced.

It becomes secondary evidence merely because it is photocopied.

7. The original document has been genuinely lost without fault or neglect of the party seeking to prove its contents. Which statement is most accurate?

Secondary evidence can never be given.

Section 60 may permit secondary evidence where the original has been destroyed or lost, subject to the statutory conditions.

The Court must presume the contents of the lost document.

Only oral evidence of the contents can be given.

8. A person is accused of an offence and claims the benefit of a statutory general exception. Who bears the burden of proving circumstances bringing the case within the exception?

The prosecution exclusively.

The accused, under Section 108.

The Court.

The complainant personally.

9. A fact is especially within the knowledge of a particular person. Which section addresses the burden concerning such a fact?

Section 104

Section 106

Section 108

Section 109

10. Which of the following correctly distinguishes a statutory presumption from conclusive proof?

Every presumption under BSA is conclusive.

A presumption may permit or require the Court to draw a particular inference, whereas “conclusive proof” has a stronger statutory effect.

Presumptions have no evidentiary significance.

Conclusive proof is merely another term for relevance.