Internet (Re)Search by Judges, Jurors, and Lawyers

IP Theory, Vol. 9, p. 1, 2019

22 Pages Posted: 16 Aug 2019 Last revised: 25 Oct 2019

Date Written: 2019

Abstract

How can Internet research be used properly and reliably in law? This paper analyzes several key and very different issues affecting judges, jurors, and lawyers. With respect to judges, this paper discusses the rules of judicial conduct and how they guide the appropriate use of the Internet for research; the standards for judicial notice; and whether judges can consider a third category of non-adversarially presented, non-judicially noticed factual evidence. With respect to jurors, this paper discusses causes of and deterrents to jurors conducting Internet research during trials; and the recourse available to parties who are adversely impacted by such behavior. With respect to lawyers, this paper discusses reliance on and potential pitfalls of using free Internet resources to conduct legal research; the dangers of rotten Internet links; and evidentiary considerations in citing to Internet evidence.

Keywords: Ethics, Internet, Research, Search, Judges, Jurors, Jury, Lawyers, Practitioners

JEL Classification: K00, K10, K19, K20, K29, K30, K39, K40, K41, K49

Suggested Citation

Liou, H. Albert and Tran, Jasper, Internet (Re)Search by Judges, Jurors, and Lawyers (2019). IP Theory, Vol. 9, p. 1, 2019, Available at SSRN: https://ssrn.com/abstract=3435144

H. Albert Liou

Jones Day ( email )

717 Texas Ave #3300
Houston, TX 77002
United States

Jasper Tran (Contact Author)

Harvard Business School ( email )

Soldiers Field
Boston, MA 02163
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
132
Abstract Views
690
Rank
419,615
PlumX Metrics