Use a search engine as a resource to locate create our final chart entitled “Federal Rules of Evidence (“FRE”) Rules 502 & 702 – How Do These Rules Effect ESI?” Using the same analysis from the C6L2 assignment, prepare a table or chart with two columns and nine rows using your word processor “Table” feature. Label the first column ‘Rule’, the second column ‘Description’. Include the following rule numbers as your column row headings/headers: 502, 502(a), 502(b), 502(c), 502(d), 502(e), 502(f), 502(g) and 702.
Please make sure that you have contained enough information in your chart to distinguish each ‘Rule’ separately in addition to expanding the second column ‘Description’.
At the bottom of the chart – answer the following questions:
- When were the Federal Rules of Evidence enacted?
- When did the Advisory Committee on Evidence submit its final draft to Congress concerning Rules 502 and 702 (separate responses using semi colons, i.e., Rule 502: 10-20-1999; Rule 702: 12-12-2011).
- When was Rule 502 and 702 enacted (see separation notation in question 2.)?
- When did Rule 502 and 702 take effect (see separation notation in question 2.)?
- Does Rule 502 or 702 apply/affect cases previously filed prior to its enactment (see separation notation in question 2.)?
TIP: In identifying the ‘Description’, base your analysis/interpretation on what you have read on the most current rule(s) as noted above. There is no need to copy the entire rule in the ’Rule’ and/or’ Description’ columns, a brief summary of the rule is sufficient in the ‘Description’ column. Please see the below example:
Save your file as a Word document (.doc or .docx) using the following naming convention to name your document: ‘First Name, Last Name – C8L2.doc’.
Below is a listing of URLs which you may find helpful in locating current information on Rules 502 and 702:
http://www.uscourts.gov/RulesAndPolicies/rules.aspx (Links to an external site.)
http://federalevidence.com/rules-of-evidence (Links to an external site.)
Part 2 below
Use a search engine as a resource to locate at least one case which directly relates to the discovery of incriminating information obtained thru a social media source such as from a cell phone, Facebook, Twitter, Tumblr, Instagram, YouTube, etc.
Upon identifying your case, please answer the following questions: (Please note, that in this exercise, you can base your final analysis upon various articles and/or opinions gathered via the web. It is not necessary to locate and/or retrieve the final Westlaw and/or LexisNexis case law).
The complete case name i.e., In the Matter of the Search of an Apple iPhone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203 ED No. CM 16-10 (SP). If the complete citation cannot be located, please include enough information to identify your case i.e., Apple v. U.S. Federal Bureau of Investigation (FBI) over accessing the iPhone of San Bernardino’s shooter after the authorities announced they had obtained the access to iPhone through third-party services.
- Include the URL link to the article and/or case site. If more than one resource was found to identify your information please include all sources.
- What do you think are some of the electronic techniques and/or methods that were used identify the information if applicable.
- Do you agree and/or disagree with the method/technique used to disclose the information, please explain your answer in a brief summary.
- Based upon the final ruling/discussion of your case, do you believe we have an obligation to discover/disclose electronic information within the possession of a opposing or third-party?
- Additionally, do we have an obligation in the legal arena to counsel our clients as to their present-day electronic information retention or privacy policies?
- Finally, do we have an obligation to search our client’s or a third-party computer systems for production of discoverable electronic information?
Save your file as a Word document (.doc or .docx) file, using the following naming convention to name your document: ‘First Name, Last Name – C8L3.doc’.