Units

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Sample subject outline - Semester 1 2012

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

With the proliferation of electronic files being created and distributed by corporations around the globe today, it is no surprise that the discovery process during a document-heavy litigation is becoming more and more onerous.

Tools to effectively manage this electronic information are used by many of the larger law firms and will soon be part of every legal practice, in much the same way as the word processor is a necessity in any new millennium practice. Moreover, courts are now taking the initiative to encourage the use of information technology in civil litigation.

Knowledge of the issues that surround electronic documents and the use of information technology to better manage discovery and trial processes is imperative, and such issues are examined in this unit - Electronic Litigation.

Aims

This unit aims to identify and explore with you the issues arising from the use of information technology in civil litigation and to build your knowledge and understanding of the practices of law using IT and relevant court requirements.

Objectives

On successful completion of this unit, you should:

1. understand how to effectively use technology to better manage a litigious matter from initial instructions to appeal - and in particular how to use an electronic courtroom;
2. be familiar with the emerging practice of courts to provide services to their 'clients' online;
3. be familiar with the courts' requirements with respect to the use of technology during the discovery, trial and appeal processes and be able to critically assess these requirements;
4. understand the case law surrounding the electronic exchange of information during discovery and the obligations of parties to prepare for discovery, and be familiar with the issues of electronic forensics that arise in this context.
5. Understand the rules surrounding electronic evidence and the admissibility of electronic evidence.
6. be able to synthesise, contextualise and critically analyse issues arising in the context of electronic litigation and effectively communicate your conclusions and criticism in a substantial written work.

Content

The topics that will be considered are as follows.

Session 1 - Introduction to Computer Forensics, Electronic Discovery and Electronic Evidence
Session 2 - What are computer forensic, electronic discovery and electronic evidence?
Session 3 - Sources of electronic evidence
Session 4 - Admissibility of electronic evidence
Session 5 - Preparation of electronic evidence for trial
Session 6 - Presenting electronic evidence at trial
Session 7 - The Future of E-Evidence
Session 8 - Conclusion and overview of issues covered

Approaches to Teaching and Learning

The unit will be taught in 8 seminars across four days, totalling 26 hours. The unit coordinator will lead each session with the assistance of guest presenters. Attendance at daily seminars is essential. The seminars are intended to provide an interactive forum for overview, analysis, evaluation and discussion of current issues in electronic litigation. You are expected to have read assigned materials before coming to class and be prepared to discuss them.

This unit is supported by an on-line teaching site, which includes links to useful web sites and cases.

Assessment

During the teaching sessions you will be asked to explain your interest in and knowledge of the issues arising in the area. And as the course proceeds you will be questioned in and outside class sessions about your understanding of key principles and your critical assessment of such principles. These discussions will provide you with immediate feedback on your level of understanding and progress - and allow the unit coordinator to suggest ways in which your learning can be improved and focused.

At an appropriate point near the end of the teaching period you will be asked to explain your preliminary thoughts on a research paper. The unit coordinator will give you feedback on your choice of research topic and methodology in the course of approving the topic

Assessment name: Discussion Forum
Description: You will be assessed on preparation for, and contribution to, class discussions. You will also be required to complete an electronic skills exercise.
Relates to objectives: This item of assessment is directed to measuring your attainment with respect to objectives 1-5.
Weight: 25%
Internal or external: Internal
Group or individual: Individual
Due date: Ongoing

Assessment name: Research Topic
Relates to objectives: This item of assessment is directed to measuring your attainment with respect to one or more of objectives 1-5 and objective 6.
Internal or external: Internal
Group or individual: Individual
Due date: Last day of class

Assessment name: Research Paper
Description: The research paper will require you to critically analyse a contemporary issue arising in the context of electronic litigation. Your paper should comply with the rules for the presentation of theses in the section on "Requirements for Presenting Theses" in the Postgraduate Student Information Handbook. You should obtain approval on your choice of topic by the end of the teaching period.
Relates to objectives: This item of assessment is directed to measuring your attainment with respect to one or more of objectives 1-5 and objective 6.
Weight: 75%
Internal or external: Internal
Group or individual: Individual
Due date: 8 wks after class

Academic Honesty

Academic honesty means that you are expected to exhibit honesty and act responsibly when undertaking assessment. Any action or practice on your part which would defeat the purposes of assessment is regarded as academic dishonesty. The penalties for academic dishonesty are provided in the Student Rules. For more information you should consult the QUT Library resources for avoiding plagiarism.

Resource materials

Prescribed Reading

• A Stanfield,Computer Forensics, Electronic Discovery & Electronic Evidence, LexisNexis, 2009


• Susskind, R., Transforming the Law, Essays on Technology, Justice and the Legal Marketplace, Oxford University Press, 2000

Court Practice Directions:

• Federal Court of Australia, CM6 Guidelines for the Use of Technology in Litigation in any Civil Matter ();


• Supreme Court of Queensland, Practice Direction No 8 of 2004: Electronic Management of Documents, issued 13 July 2004
  ();


• Supreme Court of New South Wales, SC Gen 7 Supreme Court - Use of Technology, issued 9 July 2008 ()


• Supreme Court of Victoria, Practice Note, No 1 of 2007 Guidelines for the use of Technology in any Civil Matter
  (/);


• Supreme Court of South Australia, Practice Direction No 2.1 Guidelines for the use of electronic technology, 4 September 2006
  (/);


• Supreme Court of the Northern Territory Practice Direction No 2 of 2002, Guidelines for the use of technology in any civil matter, issued 13 February 2002 ();


• Supreme Courts and District Courts of Western Australia Technical Guide for Preparing and Submitting Documents for E-trials


• Supreme Court of Western Australia Electronic Appeals Standards for the Delivery of Electronic Material

Recommended Reading:

Texts:

• Lange, M.C.S. & Nimsger, K.M., Electronic Evidence and Discovery: What Every Lawyer Should Know, American Bar Association Publishing, 2004


• Mohay, G., Anderson, A., Collie, B., de Vel, O., McKemmish, R., Computer and Intrusion Forensics, Artech House, 2003


• National Institute for Trial Advocacy, Effective Use of Courtroom Technology: a Lawyer's Guide to Pretrial and Trial, National Institute for Trial Advocacy, 2002


• Susskind, R., Future of Law: Facing the Challenges of Information Technology, Clarendon Press, Oxford, 1998

Reports:

• Victorian Law Reform Committee, Technology & The Law Report 1999:
  

Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 27-Sep-2011