LEGA 2210 - Electronic Evidence & Discovery

Credit Hours: 4.00

Objectives: The student will:

1. Identify the fundamental elements of electronic evidence discovery.
2. Integrate the fundamental elements of electronic evidence discovery in an electronic trial setting.
3. Explain the federal and state court rules.
4. Distinguish between federal and state court rules in pretrial and post trial settings as it pertains to electronic evidence.

Outcome 2: Upon completion of this course, students will be able to analyze various types/forms of electronic evidence.

Objectives: The student will:

1. Identify various types/forms of electronic evidence.
2. Distinguish between various types/forms of electronic evidence.
3. Differentiate between electronic evidence in its natural format versus conversion to image.
4. Describe the methods for converting and maintaining evidence from third party sources.
5. Describe electronic evidence in its natural/metadata format.
6. Describe electronic evidence in its conversion to image.

Outcome 3: Upon completion of this course, students will be able to analyze the fundamental elements of the role of evidence as it applies to authentication, relevancy, weight, and prejudice.

Objectives: The student will:

1. Identify the fundamental elements of the role of evidence as it applies to authentication, relevancy, weight, and prejudice.
2. Explain the fundamental elements of the role of evidence as it applies to authentication, relevancy, weight, and prejudice.
3. Explain the mechanics and challenges associated with the admissibility of evidence.
4. Demonstrate how the fundamental elements of evidence apply to authentication, relevancy, weight, and prejudice.

Outcome 4: Upon completion of this course, students will be able to build case structures, strategies, and database design considerations for the gathering of evidence.

Objectives: The student will:

1. Identify case structures, strategies, and database design considerations for the gathering of evidence.
2. Apply guidelines for the preservation and authentication of electronic evidence.
3. Apply guidelines for the incorporation of the usage of electronic evidence.
4. Compose guidelines for the incorporation of the usage of electronic evidence.
5. Define case structures, strategies, and database design considerations for the gathering of evidence.
6. Create guidelines for the preservation and authentication of electronic evidence.
7. Create guidelines for the incorporation and usage of electronic evidence.

1. Electronic Information in Litigation
   1. Transition to Electronic Information
   2. Unique Characteristics (metadata)
   3. Importance of Understanding Electronic Discovery
   4. Evidentiary Value of Electronic Evidence
   5. Ethnical Obligations
   6. Judicial Role
2. Creation and Storage of Electronic Information
   1. Creating Electronic Information
   2. Storage and Retrieval of Electronic Information
   3. Storage Media
   4. Storage Devices
   5. Storage Locations
3. Structure and Type of Electronic Information
   1. Underlying Computer Setup
   2. Organizational Structure and Positions for Handling Information
   3. Technology d. Business Software Applications
   4. Directories, Files and File Formats
   5. Special Issues - Electronic Information
   6. Data Types
   7. Metadata, Hidden or Embedded Information
   8. E Mail
   9. Internet
   10. Database
   11. Spreadsheets
   12. Text Documents (Word Processing)
   13. Faxes
   14. Graphics
   15. Multimedia
   16. Presentation
   17. Video
   18. Conferencing - Text, Audio, Data and Video
   19. Audio Files
4. Computer Forensics, Experts and Service Bureaus
   1. Computer Forensics
   2. Experts, Consultants and Service Bureaus
   3. Type of Experts, Consultants and Service Bureaus
   4. Services and Scope of Work - Forensic Specialists
   5. Locating and Selecting Experts and Consultants
5. Collecting, Processing and Searching Electronic Information
   1. Value of Collecting Information in an Electronic Format
   2. Electronic Data Formats
   3. Searching Electronic Information
   4. Collecting and Producing
   5. Security of Electronic Information
   6. Extraction and Conversion
   7. Filtering and Reduplication
   8. Categorizing and Reviewing
   9. Types of Electronic Discovery Software
6. Discovery and Production Process
   1. Discovery Process
   2. Production Process
7. Court Procedural Rules and Case Law
   1. Federal Court Procedural Rules
   2. Promote Efficiency and Reasonable Inquiry
   3. Court Management Tools
   4. Production and Protection of Case Information
   5. Depositions
   6. Interrogatories to Party
   7. Request to Product and Inspect
   8. Request for Admissions
   9. Sanctions
   10. Obtaining Data from Third Parties
   11. Special Masters and Court Appointed Experts
   12. Injunctions
   13. Net Trials and Amendments of Judgments
8. Admissibility of Electronic Evidence
   1. Evidentiary Rules
   2. Federal Rules of Evidence
   3. Preliminary questions
   4. Remainder of or Related Writings or Recorded Statements
   5. Judicial Notice
   6. Relevancy
   7. Testimony and Opinion by Experts and Lay Witnesses
   8. Hearsay
   9. Requirement of Authentication or Identification
   10. Best Evidence Rules
   11. E Mail
   12. Computerized Business Records
   13. Chat Rooms, Newsgroup and List Serves
   14. Web Page Content
   15. Photographs
   16. Specific Computer Devices (GPS, Hard Drive, Fax and Caller ID)