Electronic Evidence and Electronic Data Discovery

Question 1

any information stored electronically on any type of computer device that can be used as evidence in a legal Action

Answer 1

Electronic Evidence

Question 2

the data, location, name, identity, address book, track changes and email header information

Answer 2

Metadata

Question 3

Electronic evidences is subject to

Answer 3

general rules of admissibility pursuant to the Federal rules of Evidence

Question 4

interference with or destruction of evidence

Answer 4

Spoliation

Question 5

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Answer 5

Fifth Amendment

Question 6

Return indictments in criminal cases

Composed of a jury of peers and operate in privacy

Answer 6

Grand Jury

Question 7

Prohibits
second prosecution for the same offense by same sovereign after acquittal
Multiple punishments for the same offense

Answer 7

Double Jeopardy

Question 8

self-incrimination, due process, eminent domain

Answer 8

Fifth Amendment Key elements

Question 9

right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

Answer 9

Fourth Amendment

Question 10

generally requires search warrant supported by probable cause
ensures judicial oversight
requires reasonable expectation of privacy
only constraints government law enforcement

Answer 10

Fourth Amendment Elements

Question 11

Consent
Exigent circumstances
Plain View
Check points

Answer 11

Fourth Amendment Exceptions

Question 12

Must consider societal understanding

Answer 12

REP (reasonable expectation of privacy)