Ediscovery
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EDiscovery
Electronic discovery (also ediscovery or e-discovery) refers to discovery in legal proceedings such as litigation, government investigations, or Freedom of Information Act requests, where the information sought is in electronic format (often referred to as electronically stored information or ESI). Electronic discovery is subject to rules of civil procedure and agreed-upon processes, often involving review for privilege and relevance before data are turned over to the requesting party. Electronic information is considered different from paper information because of its intangible form, volume, transience and persistence. Electronic information is usually accompanied by metadata that is not found in paper documents and that can play an important part as evidence (e.g. the date and time a document was written could be useful in a copyright case). The preservation of metadata from electronic documents creates special challenges to prevent spoliation. In the United States, at ...
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Federal Rules Of Civil Procedure
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has seven months to veto the rules promulgated or they become part of the FRCP. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body. Although federal courts are required to apply the substantive law of the states as rules of decision in cases where state law is in question, the federal courts almost always use the FRCP as their rules of civil procedure. States may determine their own rules, which apply in state courts, although 35 of the 50 states have adopted rules that are based on the FRCP. History The Rules, established in 1938, replaced the earlier procedures ...
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Discovery (law)
Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. History Discovery evolved out of a unique feature of early equitable pleading procedure before the English Court of Chancery: among various requirements, a plaintiff's bill in equity was required to plead "positions". These were statements of evidence that the plaintiff assumed to exist in support of his pleading and which he believed lay within the knowledge of the defendant. They strongly resembled modern requests for admissions, in that the de ...
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Digital Evidence
In evidence law, digital evidence or electronic evidence is any probative information stored or transmitted in digital form that a party to a court case may use at trial. Before accepting digital evidence a court will determine if the evidence is relevant, whether it is authentic, if it is hearsay and whether a copy is acceptable or the original is required. The use of digital evidence has increased in the past few decades as courts have allowed the use of e-mails, digital photographs, ATM transaction logs, word processing documents, instant message histories, files saved from accounting programs, spreadsheets, internet browser histories, databases, the contents of computer memory, computer backups, computer printouts, Global Positioning System tracks, logs from a hotel’s electronic door locks, and digital video or audio files. Many courts in the United States have applied the Federal Rules of Evidence to digital evidence in a similar way to traditional documents, al ...
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Bates Numbering
Bates numbering (also known as Bates stamping, Bates branding, Bates coding or Bates labeling) is a method of sequentially numbering pages with a reference number. A hand-operated Bates numbering device is used to "stamp" a number on a page, and the numbers will automatically advance after each stamping. Bates numbering is used in the legal, medical, and business fields to place one or more of identifying numbers, date and time marks on images and documents as they are scanned or processed, for example, during the discovery stage of preparations for trial or identifying business receipts. Bates stamping can be used to mark and identify images with copyrights by putting a company name, logo and/or legal copyright on them. This process provides identification, protection, and automatic consecutive numbering of the pages. History The Bates Automatic Numbering-Machine or Bates stamper is named after the inventor Edwin Granville Bates of New York City. Bates obtained several US paten ...
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Legal Hold
A legal hold is a process that an organization uses to preserve all forms of potentially relevant information when litigation is pending or reasonably anticipated. The legal hold is initiated by a notice or communication from legal counsel to an organization that suspends the normal disposition or processing of records, such as backup tape recycling, archived media and other storage and management of documents and information. A legal hold will be issued as a result of current or anticipated litigation, audit, government investigation or other such matter to avoid evidence spoliation. Legal holds can encompass business procedures affecting active data, including backup tape recycling. Recent amendments to the United States Federal Rules of Civil Procedure (FRCP) address the discovery of electronically stored information (ESI) (aka e-discovery), expanding the use of a "legal hold" beyond preservation of paper documents. The amendments were written in anticipation of legal argume ...
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Sybase
Sybase, Inc. was an enterprise software and services company. The company produced software to manage and analyze information in relational databases, with facilities located in California and Massachusetts. Sybase was acquired by SAP in 2010; SAP ceased using the Sybase name in 2014. History *1984: Robert Epstein, Mark Hoffman, Jane Doughty, and Tom Haggin founded Sybase (initially trading as ''Systemware'') in Epstein's home in Berkeley, California. Their first commercial location is half of an office suite at 2107 Dwight Way in Berkeley. They set out to create a relational database management system (RDBMS) that will organize information and make it available to computers within a network. *March 1986: Systemware enters into talks with Microsoft to license Data Server, a database product built to run on UNIX computers. Those talks led to a product called Ashton-Tate/Microsoft SQL Server 1.0, shipping in May 1989. *May 1991: Systemware changes its name to Sybase. *January ...
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Microsoft SQL Server
Microsoft SQL Server is a relational database management system developed by Microsoft. As a database server, it is a software product with the primary function of storing and retrieving data as requested by other software applications—which may run either on the same computer or on another computer across a network (including the Internet). Microsoft markets at least a dozen different editions of Microsoft SQL Server, aimed at different audiences and for workloads ranging from small single-machine applications to large Internet-facing applications with many concurrent users. History The history of Microsoft SQL Server begins with the first Microsoft SQL Server product—SQL Server 1.0, a 16-bit server for the OS/2 operating system in 1989—and extends to the current day. Its name is entirely descriptive, it being ''server'' software that responds to queries in the '' SQL'' language. Milestones * MS SQL Server for OS/2 began as a project to port Sybase SQL Server on ...
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IBM Db2
Db2 is a family of data management products, including database servers, developed by IBM. It initially supported the relational model, but was extended to support object–relational features and non-relational structures like JSON and XML. The brand name was originally styled as DB/2, then DB2 until 2017 and finally changed to its present form. History Unlike other database vendors, IBM previously produced a platform-specific Db2 product for each of its major operating systems. However, in the 1990s IBM changed track and produced a Db2 common product, designed with a mostly common code base for L-U-W (Linux-Unix-Windows); DB2 for System z and DB2 for IBM i are different. As a result, they use different drivers. DB2 traces its roots back to the beginning of the 1970s when Edgar F. Codd, a researcher working for IBM, described the theory of relational databases, and in June 1970 published the model for data manipulation. In 1974, the IBM San Jose Research center d ...
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Oracle Database
Oracle Database (commonly referred to as Oracle DBMS, Oracle Autonomous Database, or simply as Oracle) is a multi-model database management system produced and marketed by Oracle Corporation. It is a database commonly used for running online transaction processing (OLTP), data warehousing (DW) and mixed (OLTP & DW) database workloads. Oracle Database is available by several service providers on-prem, on-cloud, or as a hybrid cloud installation. It may be run on third party servers as well as on Oracle hardware ( Exadata on-prem, on Oracle Cloud or at Cloud at Customer). History Larry Ellison and his two friends and former co-workers, Bob Miner and Ed Oates, started a consultancy called Software Development Laboratories (SDL) in 1977. SDL developed the original version of the Oracle software. The name ''Oracle'' comes from the code-name of a CIA-funded project Ellison had worked on while formerly employed by Ampex. Releases and versions Oracle products follow a cus ...
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RDBMS
A relational database is a (most commonly digital) database based on the relational model of data, as proposed by E. F. Codd in 1970. A system used to maintain relational databases is a relational database management system (RDBMS). Many relational database systems are equipped with the option of using the SQL (Structured Query Language) for querying and maintaining the database. History The term "relational database" was first defined by E. F. Codd at IBM in 1970. Codd introduced the term in his research paper "A Relational Model of Data for Large Shared Data Banks". In this paper and later papers, he defined what he meant by "relational". One well-known definition of what constitutes a relational database system is composed of Codd's 12 rules. However, no commercial implementations of the relational model conform to all of Codd's rules, so the term has gradually come to describe a broader class of database systems, which at a minimum: # Present the data to the user as rel ...
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Summary Judgment
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of success and there is no other compelling reason why the case or issue should be disposed of at a trial." In common-law systems, questions about what the law actually is in a particular case are decided by judges; in rare cases jury nullification of the law may act t ...
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Economic Sanctions
Economic sanctions are commercial and financial penalties applied by one or more countries against a targeted self-governing state, group, or individual. Economic sanctions are not necessarily imposed because of economic circumstances—they may also be imposed for a variety of political, military, and social issues. Economic sanctions can be used for achieving domestic and international purposes. The efficacy of sanctions is debatable—there are many failures—and sanctions can have unintended consequences. Economic sanctions may include various forms of trade barriers, tariffs, and restrictions on financial transactions. Since the mid-1990s, United Nations Security Council (UNSC) sanctions have tended to target individuals and entities, in contrast to the comprehensive embargoes of earlier decades. An embargo is similar, but usually implies a more severe sanction. An embargo (from the Spanish ''embargo'', meaning hindrance, obstruction, etc. in a general sense, a trading ba ...
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