Legal Process and Requirements for Cloud Forensic Investigations

2013 ◽  
pp. 186-229 ◽  
Author(s):  
Ivan Orton ◽  
Aaron Alva ◽  
Barbara Endicott-Popovsky
Keyword(s):  
Research And Development ◽  
Court Cases ◽  
Legal Environment ◽  
Legal Process ◽  
Legal Requirements ◽  
Cloud Forensics ◽  
Cloud Providers ◽  
Forensic Investigations

For the emerging field of cloud forensics, the development of validated and repeatable scientific processes for conducting cloud forensic investigations should include requirements that establish evidence collected as legally admissible. There is currently an uncertainty in the legal requirements for cloud forensics. Forensic investigations in the cloud introduce unique issues that must be addressed, and the legal environment of the cloud must be considered. The authors will detail the process in criminal cloud forensic investigations for commanding production from cloud providers including constitutional and statutory limitations, and the civil and criminal admissibility processes. Decisions in court cases rely on the authenticity and reliability of the evidence presented. Ensuring cases involving cloud forensics follow the proper legal process and requirements will be beneficial for validating evidence when presented in court. Further, understanding of legal requirements will aid in the research and development of cloud forensics tools to aid investigations.

Legal Process and Requirements for Cloud Forensic Investigations

2015 ◽  
pp. 332-375
Author(s):  
Ivan Orton ◽  
Aaron Alva ◽  
Barbara Endicott-Popovsky
Keyword(s):  
Research And Development ◽  
Court Cases ◽  
Legal Environment ◽  
Legal Process ◽  
Legal Requirements ◽  
Cloud Forensics ◽  
Cloud Providers ◽  
Forensic Investigations

For the emerging field of cloud forensics, the development of validated and repeatable scientific processes for conducting cloud forensic investigations should include requirements that establish evidence collected as legally admissible. There is currently an uncertainty in the legal requirements for cloud forensics. Forensic investigations in the cloud introduce unique issues that must be addressed, and the legal environment of the cloud must be considered. The authors will detail the process in criminal cloud forensic investigations for commanding production from cloud providers including constitutional and statutory limitations, and the civil and criminal admissibility processes. Decisions in court cases rely on the authenticity and reliability of the evidence presented. Ensuring cases involving cloud forensics follow the proper legal process and requirements will be beneficial for validating evidence when presented in court. Further, understanding of legal requirements will aid in the research and development of cloud forensics tools to aid investigations.

scholarly journals The process of Europeanization of law in the context of Czech law

2012 ◽  
Vol 60 (2) ◽  
pp. 459-464 ◽  
Author(s):  
Miloš Večeřa
Keyword(s):  
European Integration ◽  
World Wide ◽  
Commercial Banking ◽  
Social Phenomenon ◽  
Legal Environment ◽  
Legal Process ◽  
The World ◽  
Economic Process ◽  
Legal Position ◽  
Legal Entities

The paper is focused on the draft of the process of Europeanization of law. The process of European integration is often understood mainly as an economic process which aims towards the world-wide integration and organization of manufacturing, commercial, banking and financial operations, technologies and information. It is, however, a complex social phenomenon which represents – in addition to economical transformations – a rather complicated cultural, social, political and legal process with an extremely broad impact in all areas of life. Europeanization, the notion increasingly used in connection with the process of European integration, significantly modifies the Czech legal environment, which is regarding to the sphere of enterprise too. Europeanization of law manifests with multi-centrism of sources of law, which brings specific problems both to the bodies which interpret and apply law and also into the legal position of legal entities and their legal awareness.

Rape in Chicago

2012 ◽  
Author(s):  
Dawn Rae Flood
Keyword(s):  
Media Coverage ◽  
Rape Myths ◽  
Legal Environment ◽  
Medical Evidence ◽  
Legal Requirements ◽  
Men And Women ◽  
Defense Strategies ◽  
Legal Studies ◽  
Rape Trials ◽  
Personal Accounts

Spanning a period of four tumultuous decades from the mid-1930s through the mid-1970s, this study reassesses the ways in which Chicagoans negotiated the extraordinary challenges of rape, as either victims or accused perpetrators. Drawing on extensive trial testimony, government reports, and media coverage, Dawn Rae Flood examines how individual men and women, particularly African Americans, understood and challenged rape myths and claimed their right to be protected as American citizens—protected by the State against violence, and protected from the State's prejudicial investigations and interrogations. Flood shows how defense strategies, evolving in concert with changes in the broader cultural and legal environment, challenged assumptions about black criminality while continuing to deploy racist and sexist stereotypes against the victims. Thoughtfully combining legal studies, medical history, and personal accounts, Flood pays special attention to how medical evidence was considered in rape cases and how victim-patients were treated by hospital personnel. She also analyzes medical testimony in modern rape trials, tracing the evolution of contemporary “rape kit” procedures as shaped by legal requirements, trial strategies, feminist reform efforts, and women's experiences.

Court rulings involving individuals with dementia in Israel: A qualitative perspective

Dementia ◽  
2018 ◽  
Vol 18 (7-8) ◽  
pp. 2576-2595
Author(s):  
Israel (Issi) Doron ◽  
Perla Werner ◽  
Benny Spanier ◽  
Ori Lazar
Keyword(s):  
Old Age ◽  
Empirical Data ◽  
Older Persons ◽  
Court Cases ◽  
Legal Process ◽  
Legal Cases ◽  
Analysis Methodology ◽  
Legal Implications ◽  
Legal Narratives ◽  
Legal Texts

Background Individuals with dementia may appear before the courts in different roles. Despite the growing interest in the rights of older persons with dementia, relatively little empirical data exist regarding their actual interactions and experiences in court. Methods This study used a qualitative, textual analysis methodology. A total of 281 Israeli legal court cases, which addressed issues relating to dementia, were analyzed. Results Four key themes were found in the legal texts: (1) The legal construction of dementia and its relationships to old age; (2) The importance of procedural justice; (3) The implications and outcomes of the legal process; and (4) The legal implications to the society as a whole. Conclusions The legal narratives, which surround legal cases that deal with dementia in Israel, reveal an internal tension between stigmatic and anti-stigmatic narratives. This complex reality raises the need for further research and for a clearer judicial policy.

scholarly journals Learning to Litigate: the Relationship Between Past Litigation Experience and Litigation Outcomes in the Chinese Intellectual Property System

2021 ◽  
Author(s):  
Kristina Vaarst Andersen ◽  
Karin Beukel ◽  
Beverly B. Tyler
Keyword(s):  
Intellectual Property ◽  
Rare Event ◽  
Positive Outcome ◽  
Court Cases ◽  
Legal Process ◽  
Property System ◽  
Developing Markets ◽  
Chinese Intellectual ◽  
The Relationship

AbstractIntellectual property (IP) and the protection of IP is of increasing importance to firms’ competitiveness, and firms must be able to defend their IP when it is infringed upon. In most markets, IP and the defense of IP is a stringent legal process, but in developing markets and markets undergoing changes, this is not necessarily so. The Chinese IP system and protection is comparatively new, and the system is still under development. In this study, we analyze the relationship between firms’ previous litigation experience and litigation outcomes using a sample of 10,211 court cases tried in China between 2001 and 2009. We find that despite litigation being a rare event for most firms, plaintiffs’ prior litigation experience and especially prior successful litigation experience or experience with specific case types is related to their likelihood of a positive outcome. However, plaintiffs’ successful application of prior litigation experience is contingent on the type of litigation case.

scholarly journals DEYAKI ASPECTS OTSINKI RESULTS DOSLІDZHENNYA AT THE COURT-EXPERT DІYALNOSTI І VІDOBRAZHENNYA VISNOVKU

2019 ◽  
pp. 145-150
Author(s):  
Keyword(s):  
Expert Assessment ◽  
Legal Process ◽  
Judicial Process ◽  
Legal Requirements ◽  
Fundamental Knowledge ◽  
Judicial Practice ◽  
Forensic Practice ◽  
Expert Analysis ◽  
Forensic Expert ◽  
Court Expert

In this article authors touch the problems upon the expert activities, related to the evaluation of the results of the conducted researches and the reflection of these results and the expert’s conclusions regarding the proof of conclusions, analyzing the judicial practice of different countries. Explains the reasons for the different approaches of judicial experts to this part of the methodological and legal requirements and their impact on the judicial process as a whole. The authors present the results of the analysis of forensic practice of their own state. Emphasis in work is placed on the need for proper presentation of the stage of evaluation of research results when drawing up an expert opinion, so, how exactly at this stage the expert analysis is done, on the basis of the fundamental knowledge of scientific identification, diagnosis and proof. Also, the authors suggest ways to address the issues discussed. Key words: expert research, legal process, forensic expert practice, expert assessment, proof, identification.

Violent parasomnias and sleep forensics

2017 ◽  
Author(s):  
Michel A. Cramer Bornemann ◽  
Mark R. Pressman
Keyword(s):  
Genetic Predisposition ◽  
Expert Testimony ◽  
Scientific Evidence ◽  
Criminal Court ◽  
Court Cases ◽  
Deep Sleep ◽  
Criminal Cases ◽  
Legal Requirements ◽  
History Of ◽  
Science And Research

Parasomnias are complex behaviors occurring out of or during sleep. Parasomnias are increasingly presented as proof of an automatism in criminal cases involving violence. The sleep forensics expert must have an up-to-date understanding of current sleep science and research, diagnostic and clinical techniques, and the legal requirements of expert testimony and scientific evidence. Sleepwalking and related disorders typically follow sudden, partial awakenings from deep sleep. Higher-level cognition is severely limited or absent, and complex behaviors often consist of “automatic” behaviors not initiated or guided by memory or planning. Sleepwalking and related disorders are noted to occur during deep sleep and often require a genetic predisposition or priming factors. Prior cases of sleepwalking violence find that the victim of sleepwalking violence—most often a family member—seeks out the sleepwalker. The history of sleepwalking includes reports of episodes and sometimes criminal court cases of murder, assault, and rape.

Grandparent Visitation Rights

2001 ◽  
Vol 22 (5) ◽  
pp. 619-638 ◽  
Author(s):  
TAMMY L. HENDERSON ◽  
PATRICIA B. MORAN
Keyword(s):  
Legal Reasoning ◽  
Parental Rights ◽  
Court Cases ◽  
Best Interest ◽  
Legal Requirements

The purpose of this research was to examine mostly state supreme and appellant court cases from across the country that were brought under state grandparent visitation right statutes. We systematically analyzed justices' legal reasoning in 67 cases that favored parents. Themes derived from the data explained why parental rights superceded the rights of grandparents. Grandparent visitation that unfairly intruded on parental rights and failed to serve the best interest of the child were two themes that explained justices' legal reasoning. That grandparents failed to follow legal requirements including those in state grandparent visitation statutes was the predominate theme that explained how justices protected parental rights over that of grandparents.

Prison Overcrowding Cases in the Aftermath of Wilson V. Seiter

1995 ◽  
Vol 75 (3) ◽  
pp. 390-405 ◽  
Author(s):  
JACK E. CALL
Keyword(s):  
Supreme Court ◽  
Constitutional Rights ◽  
Court Cases ◽  
Legal Environment ◽  
Lower Court ◽  
Prison Overcrowding ◽  
The Supreme Court ◽  
Deliberate Indifference

In 1991, the Supreme Court held in Wilson v. Seiter that in a prison conditions case, the plaintiff must prove that prison officials acted with deliberate indifference to the plaintiff's constitutional rights. Although this decision might appear to make it more difficult for inmates to win overcrowding lawsuits, it is predicted that this will not be the case. Published lower-court overcrowding cases are examined to determine what the effect of Wilson ( and two other Supreme Court cases decided since Wilson) has been. It is concluded that, although the number of published lower-court overcrowding cases since Wilson is not large, early indications are that these recent Supreme Court cases are not likely to have a dramatic impact upon the legal environment for prison overcrowding cases.

Legal Environment for Petroleum Exploration: An Overview

1995 ◽  
Vol 13 (2-3) ◽  
pp. 221-244
Author(s):  
J G Adlam
Keyword(s):  
New Zealand ◽  
Government Policy ◽  
Petroleum Exploration ◽  
Fair Trading ◽  
Legal Environment ◽  
Legal Requirements ◽  
Accident Compensation ◽  
Administrative Framework ◽  
Overseas Investment ◽  
Business Structures

This paper is an overview of the New Zealand legal environment as it affects petroleum explorers and their operations in New Zealand. It includes a brief summary of the New Zealand legal system and identifies the business structures commonly used and recognised under New Zealand law. It continues with an outline of the significant legal requirements governing petroleum exploration, including the Crown Minerals Act (rights and obligations of permit holders), environmental and conservation laws, Overseas Investment Act and Regulations, Commerce Act, Fair Trading Act, taxation aspects of operations in New Zealand, the no-fault Accident Compensation scheme and other operational requirements. The paper concludes with comment on government participation, current government policy and the legal and administrative framework in which that policy is implemented.

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