Exam 2: A Brief History of E-Discovery
Describe how Rule 41 of the FRCrP comes into play in criminal cases. How does it relate to the U.S. Constitution?
In criminal cases, the FRCrP comes into play, especially Rule 41: Search and Seizure. This rule specifies how to get and carry out a search warrant and explains motions to suppress evidence and how evidence must be returned. Rule 41 ties directly to the Fourth Amendment, which protects residents from unreasonable search and seizure. The influence of Rule 41 can also be seen in application of the Fourteenth Amendment. The U.S. Supreme Court has interpreted the Equal Protection Clause of the Fourteenth Amendment to mean that states can give citizens more protection under their laws and statutes than is guaranteed by the U.S. Constitution, but not less.
What is FIRAC? Give an example of how it is used.
FIRAC stands for facts, issues, rules and references, analysis, and conclusions. When reading a case, facts refer to who, what, when, where, and how something happened. The issues in the case are why the plaintiff has filed the lawsuit. The rules and references are any laws, acts, or case law that might apply. The analysis is the court's reasoning and any considerations it uses in rendering its decision. The conclusion is the final ruling on a case.
Which of the following are NOT among the three main groups addressed by the IGRM model?
What does e-discovery tend to focus on in criminal cases compared to civil cases?
What legal instrument is usually bypassed in civil e-discovery that is required for discovery in criminal cases?
Which of the following is NOT a typical perspective that affects how people approach e-discovery projects?
The Brady doctrine influenced the disclosure of ____________ discovery.
Which of the following is a method devised for handling an overwhelming amount of electronic evidence that attorneys must deal with?
What does the 1928 Olmstead v. United States case make evident when examining the history of e-discovery?
________________ data interchange was created in the mid-1970s to make exchanging digital information easier.
Which is a rule in FRCrP that is most likely to come into play in a criminal case but not in a civil case?
Which of the following is a term used to describe work done by an attorney to help those that can't afford their services?
Which of the following best describes a "protected computer" as defined by the CFAA?
Which of the following is NOT a category for metadata in digital documents or books defined by METS?
List four of the seven types of computer offenses under Title 18 Section 1030(a) of the CFAA.
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