Exercises

Blogs

• Instant Messaging: Newest E-Discovery Frontier?
Is there an obligation to retain IM records in the"'ususal course of business?"

". . .[D]iscovery of electronic evidence is not only going to become a larger part of our practice, its going to get harder and cost more. Instead of looking for a needle in haystack, we will be searching for a hay straw in a mountain range of needles." Craig Ball

Tuesday, March 9, 2010

• Learning Modules ~ General Information

Below is the area where you will find your weekly learning modules for the course. The learning modules will be posted and linked on a rolling "two week" average. While there is flexibility in scheduling your own learning efforts during the week, you will need to stay on task and complete each module by the time indicated in the module.

If you cannot complete an assignment by the due date you must contact me in advance by e-mail [jlcarrol@samford.edu] explaining your difficulty. All assignments are due by 11:59 PM (CST) on the day specified.

To optimize the flexible format of online learning, the assignment 'week' runs from Monday to Sunday. Input into the course discussion conferences should typically be started by midnight on Tuesday (CST).

Course learning modules are reserved for registered students and you will need your password to access the appropriate files.

Week 2
This lesson introduces you to computer basics and forensics. You may already be familiar with some of the basics, but a self-assessment and review will help you understand the forensics.

Go to: Computer Basics & Forensics

Week 3
Documents have been classified as "ancient", "foreign", "judicial", and "public". Modern technology has given us "digital" or "electronic" documents. This lesson explores the significance of those classes against the backdrop of discovery.

Go to: Digital Documents

Weeks 4 and 5
These materials are for Weeks 4 & 5 listed on the course calendar. The activities in this module span TWO WEEKS to give you ample collaboration opportunities.

In this module you will review and apply the various FRCP that control creating joint discovery plans and you will the file a joint report. You will be assigned a team and a party to represent. The final result of the learning activity is for each Team to jointly draft a discovery plan and submit it to the court.

Go to: FRCP 16, 26, and 34

Weeks 6 and 7
These materials are for Weeks 6 & 7 listed on the course calendar. They cover the preservation of electronic evidence and acts of spoliation.

Go to: Preservation

Week 8
This lesson focuses on the importance of understanding how parties and lawyers can be sanctioned and the consequences for inappropriate actions.

Go to: Sanctions

Week 9
Many counsel face the harsh realities and costliness of the "electronic" age. This module presents you with the develping court approaches to "cost shifting".

Go to: Cost Shifting

Week 10

The lack of authorization in gathering the evidence is the commonest error that prevents electronic evidence from being admitted by the courts. It's important to understand how to obtain authorization to gather evidence.

Go to: Search & Seizure

Weeks 11 & 12

Once evidence is gathered it needs to be authenticated before it can used at trial.

Go to: Authentication & Reliability

Week 13

Not all types of evidence proffered at trial are admissible even if authenticated. The hearsay evidence prohibition is an important concept and its application in the "electronic" medium not quite certain.

Go to: Hearsay Evidence

During Week 14 there will be a F2F meeting scheduled to discuss the final examination and review.