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Is the evidence digital or electronic?

Political science pundits are quick to explain that one of the great powers of the authority of the rule-of-law is in its ability to make definitions—if something can be defined it can be controlled, regulated, and be the object of the rule-of-law.

‘Evidence’ is defined as something that tends to establish or disprove a fact: it can include documents, testimony, and other objects.

A document, testimony or other evidentiary objects can be in either a digital or electronic format. There are differences and distinctions between the formats that you need to understand for use with the various legal rules that use or refer to them.

You will have a perspective of those distinctions and apply them to a later statutory interpretation when you complete this learning module.

To Do :

Review the common definitions and uses of the word 'document' at wordiQ.com.

What is a "digital document"?
Review the Federal Rules of Evidence 901(b)(9) and 1001(1)

Read Computer Evidence Defined

Read What is a "digital document"?

Congress has enacted the Plan for the National Digital Information Infrastructure and Preservation Program [NDIPP] in December, 2000. Read the "Executive Summary" of the Plan at the beginning of the plan document and evaluate the implications that the plan will have on "electronic discovery" for lawyers.

 

Synthesize your readings into a working definition of 'ELECTRONIC EVIDENCE ' that incorporates you evaluation of NDIPP. Include a brief annotation following your "definition" explaining how you incorporated your evaluation of NDIPP into your "definition". E-mail your finished definition to me jlcarrol@samford.edu and use the subject line "evidence definition".

 

 

 

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