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Application Of Digital Forensic Science To Electronic Discovery In Civil Litigation, Brian Roux
Application Of Digital Forensic Science To Electronic Discovery In Civil Litigation, Brian Roux
University of New Orleans Theses and Dissertations
Following changes to the Federal Rules of Civil Procedure in 2006 dealing with the role of Electronically Stored Information, digital forensics is becoming necessary to the discovery process in civil litigation. The development of case law interpreting the rule changes since their enactment defines how digital forensics can be applied to the discovery process, the scope of discovery, and the duties imposed on parties. Herein, pertinent cases are examined to determine what trends exist and how they effect the field. These observations buttress case studies involving discovery failures in large corporate contexts along with insights on the technical reasons those …
Science On Law's Terms: Implications Of Procedural Legitimacy On Scientific Evidence, Nayha Acharya
Science On Law's Terms: Implications Of Procedural Legitimacy On Scientific Evidence, Nayha Acharya
LLM Theses
Scientific evidence is relied on more and more in litigation. Discussions and debates aimed at enabling courts to make the best use scientific evidence are increasingly critical. This thesis adds the perspective of procedural legitimacy to the science and law discussion. Procedural Legitimacy is the concept that consistent adherence to legal procedure maintains the overall legitimacy of the legal system, and the validity of its outcomes. I argue that the integrity of legal procedures must be maintained where scientific evidence is presented, so that judicial decisions that rely on scientific evidence are legitimate.