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"Looking For Evidence in Virtual Places: Admissibility of Internet Evidence"
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. State Bar of California, New York, or Arizona MCLE Certificates of Completion will be issued after the quiz materials on this page are completed and returned to Internet For Lawyers, along with your payment by check or credit card. (Select your method of payment above.)
NEW YORK: This course is eligible for 1 hour of CLE credit under New York's approved jurisdiction procedures. Newly admitted New York attorneys may not earn CLE credit for non-traditional course formats such as this during their first two years of admission to the New York Bar. ARIZONA: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for 1 hour of self-study credit toward your annual CLE requirement for the State Bar of Arizona, when used in conjunction with materials available on this site. This includes ZERO hours of professional responsibility. WEST VIRGINIA: As a member in good standing of the Association of Continuing Legal Education (ACLEA), Internet For Lawyers is recognized as an "Approved Provider" by the West Virginia State Bar. This activity qualifies for 1 hour of credit toward your annual CLE requirement under the West Virginia Rules for Mandatory Continuing Legal Education. No more than half of the mandatory continuing legal education requirements (6 hours) may be satisfied by video/audio tape or online instructions. State Bar of California, New York, Arizona or West Virginia MCLE Certificates of Completion will be issued after completed quiz materials are submitted by the Attorney (with payment) to Internet For Lawyers. If your browser does not support filling in this type of form, you may print out these questions and write your answers in by hand and mail the completed quiz to our postal mail address at the bottom of the page. For questions regarding this quiz, contact Mark Rosch of Internet For Lawyers at 310/559-1632, or by e-mail at mrosch@netforlawyers.com. Internet For Lawyers can teach you how to get the most out of the Internet for your law practice. Used properly, the Internet can be one of the greatest enhancements to the practice of law. Attorneys can use the Internet to: extend the range of their marketing and networking activities increase access to FREE online legal resources save time and money currently lost to handling paper, pulling cases, photocopying and maintaining a library, by accessing this free information, right at your own desk. Internet For Lawyers offers: Electronic Marketing Consulting Online Participatory MLCE Materials for all legal professionals including Paralegals, Law Office Administrators, Law Office Marketing Departments and Legal Secretaries, in addition to Attorneys. Every month the Internet For Lawyers' free Internet legal research newsletter delivers this kind of useful information to your e-mail inbox.
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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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