Delaware Law Office
of Larry D. Sullivan, Esquire

A Weblog?
The column to the right, is a news/editorial/comment column. It is a weblog, also know as a blog.

The weblog thing comes from www.blogger.com, which offers us a convenient way to manage the posting, administratively. You don't really need to know all of that, but we have included this explanation so that you won't be confused by the term "blog".

Another important topic here is that since the column includes editorials and comments, you can be sure that we are just exercising our free speech rights as guaranteed by the Constitution and as not yet abridged by a reactionary opportunistic vocal minority.

opinions, everybody's got one...
If you would like your opinion published here, forward it for consideration and editorial review to: info@delawoffice.com.
Or add a comment. Comments by: YACCS

We encourage the exchange of responsible ideas.

Monday, December 11, 2006

MySpace and the Federal Rules of Evidence

 
Ok, so I have a MySpace account, and most of my listed friends are people that I've met in person, though scattered across the globe. Chances are that I won't be adding anything to my profile that I have to worry about becoming evidence in a legal case. Can information from MySpace even be admitted into court?

A First Monday article, MySpace on the record: The admissibility of social website content under the Federal Rules of Evidence, asks that very question, and also looks at other sites such as Craigslist, personal blogs, and eBay.

The article sets up some hypothetical fact patterns, and examines some similar real life events, in asking whether or not certain information written on the web can be used in a couple of different criminal prosecutions and a products liability case.

It looks in detail at the authentication of that evidence, the application of the hearsay rule, and the best evidence rule. It then applies those rules to the fact patterns created. Nice article.








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