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Looking for Evidence in Virtual Places: Admissability of Internet Evidence

One Hour of Online, General, Self-study MCLE Credit for California Attorneys & Paralegals
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"Looking For Evidence in Virtual Places: Admissibility of Internet Evidence"

Online, self-study CLE for
California, New York, Arizona & West Virginia Attorneys
 

INSTRUCTIONS: Read the article, "Looking For Evidence in Virtual Places: Admissibility of Internet Evidence" and then answer the 20 questions at the right for one hour self-study MCLE credit.

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Mixing narrative descriptions with an easy-to-use template presentation, the American Bar Association's "The Lawyer's Guide to Fact Finding on the Internet" introduces you to hundreds of useful, free resources on the web to locate factual information.

Click here for more information.

 

INSTRUCTIONS: Read the article, " Looking For Evidence in Virtual Places: Admissibility of Internet Evidence ," and then answer all of the following questions for one hour of self-study MCLE credit.

1. If an entire website or a specific page from a website is taken off the Web, there is no way to retrieve that website or page. True False

2. The Internet Archive does not archive every page of every website. True False

3. There is a one day delay before pages are archived on the Internet Archive site. True False

4. Website owners can request their site not be archived. True False

5. If a website owner has requested that their site not be archived, you will never know this. True False

6. Getting Internet evidence admitted into evidence is no different than getting other traditional evidence admitted. True False

7. The Telewizja Polska USA, Inc. v. Echostar Satellite case can be used to help attorneys who are trying to convince a court to allow information from the Internet (and information from the Internet Archive in particular) into evidence. True False

8. In the Telewizja case, the court stated that Federal Rules of Evidence, Rule 901 leaves it to the judge to determine the true authenticity of evidence from the Internet Archive. True False

9. In an attempt to authenticate a web page, in order to introduce it as evidence, it is important to prove when the Internet research was done. True False

10. Proving who owns a web site is easy because you can always find this information on a domain registry, such as Betterwhois.com. True False

11. Hearsay objections to Internet evidence can be overcome. True False

12. Website pages would never be considered as an admission by a party-opponent. True False

13. Judges are admitting information from the Internet into evidence and even conducting their own Internet research to help make judicial decisions. True False

14. If you have a case similar to the Munster v. Groce case, you might overcome a decision like Munster if you can show that the defendant's address, which was found by the judge, was not available on the Internet at the time you searched for the defendant. True False

15. Assuming you can get it entered into evidence, finding an audio or video tape or a still picture on the Internet might be useful to display to a jury the face, behavior, attitude, or tone of voice of your client or the opposition. True False

16. Social networking sites are just for kids and would never be useful to you in a case involving an adult. True False

17. Many people do not use their real names when posting to discussion groups (such as Google Groups) so there is no other way to search for postings they may have made. True False

18. If you search Google for a person's name (or if you search with keywords about a topic) and also use Google.com’s advanced search page, you can limit your search to a PowerPoint file format to find someone's PowerPoint presentation. True False

19. If you download a PowerPoint presentation from the Internet, you can view the presentation in the “editing” mode to read the presenter’s outline and notes (if they have any). True False

20. You can have potential evidence automatically collected and delivered to your email in-box by using Google's Alert service. True False

 
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Last modified: January 16, 2008

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