Publication Type

Journal Article

Publication Date

2013

Abstract

The advent of the technological age has had significant effect on litigation practice, none more so than in the area of evidence gathering and presentation in court. A significant proportion of evidence that is gathered for both criminal and civil matters is now electronic in nature, and this necessitates a change in the way that lawyers think and advise on evidential issues. It is argued here that rather than simply focusing on principles relating to the admissibility of evidence in court, the traditional course on evidence law should be modified to equip students with an intellectual framework that conceives of electronic evidence in litigation as an entire process. This process begins with the gathering and forensic examination of electronic evidence, and is followed by the admissibility of such evidence in court, ending with the effective presentation of the evidence before a judge or jury. It is argued in that taking such an approach, the law teacher would be playing the role of effective gatekeeper to the legal profession by providing a course that is both intellectually rigorous and adequately prepares wouldbe litigators for the realities of modern day practice.

Keywords

Electronic evidence, legal education, litigation, modern legal practice, university

Discipline

Evidence | Legal Education | Legal Profession | Litigation

Research Areas

Law, Society and Governance

Publication

Digital Evidence and Electronic Signature Law Review

Volume

10

First Page

16

Last Page

22

ISSN

1756-4611

Publisher

Pario Communications

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

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