1) Why is electronic discovery not an issue in some cases?
In some cases, electronic discovery is actually a good thing when it comes to litigation. Because of electronic discovery, the law office is now becoming more green since paper documents are now being replaced by electronic files (Goldman and Hughes, 273). Since documents are now becoming electronic, someone can also search through millions of pages to find information quickly (Goldman and Hughes, 273).
3) Why is electronic discovery a process? What are the steps in the process?
Electronic discovery is a process because there are many steps in the process rather than just one single event (Goldman and Hughes, 250). The electronic discovery process first starts obtaining the documents, then filtering the documents out for relevant terms. Next, duplicate copies of the information must be removed. After that, the documents are converted into files that can be processed like other electronic files. Finally, the document is given a code in order to make locating the documents much easier (Goldman and Hughes, 273).
4) What are the issues to be considered in choosing the format in which documents are to be delivered?
There are a variety of issues that must be considered when choosing a document's format of delivery. The first issue is metadata. Metadata is information from a data set that may describe how, when and by whom a document was received from (Goldman and Hughes, 254). Having metadata in a document could result in
The business must implement and maintain a good document discipline, i.e. no paper should be left laying around for unauthorised
The procedures that need to be followed when retrieving information for paper based information consist of finding out whether you are allowed access to the information, finding out where the information is stored if you are allowed access to it, looking for the information, taking it from its storage place remembering how it was stored for when the information is to be put back. The procedures that need to be followed when deleting information for paper based information consist of finding out if the information is confidential or not normally something that is confidential has address or names on it, if the information is confidential then it needs to be cross-cut shredded if the information is not confidential then it can be shredded normally. The procedures that need to be followed when archiving information for electronic based information consist of checking to see if the information contains legal information or long-term business obligations, checking to see if there is more than one copy of the information, if there is more than one copy of the information check to see if the extra copies can be deleted, if the
In preparing the bi-annual sales figures report, what would be the most logical way to present the data and information?
Secondly, Inevitable Discovery Doctrine. With this exception, two modes of seizing evidence are considered but only one is physical. Illegal means are used in the securing of the evidence physically. The other seizure of evidence is hypothetical and is seized illegally.
(LawBrain 2010) Basically this set forth guidelines for addressing evidence discovery in a new medium of electronically stored information (SRI). The problem was, before the 14 Sedona Principles, there were no real guidelines for how to approach ESI and present it in court. There were many interpretations with no baseline across States and, not to forget, many lawyers and magistrates while being very fluent in law were not familiar in the emerging presence of ESI and how to handle and/or interpret it. Thanks to the Sedona Conference Working Group and the 14 Sedona principles a baseline for dealing with the ever-growing amount of digital data that is used in court litigation was
While the basic rules of evidence are the same for paper and electronic records, there are several important differences. Compared to paper records, most courts consider electronic records to be more voluminous, more difficult to destroy, easily modified, easily duplicated, potentially more expressive, and more readily available. As a consequence, strict new rules were enacted in December 2006 requiring the preservation and disclosure of electronically stored