Exam 11: The Changing Face of Discovery and the Basics of E-Discovery

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In seeking to obtain court-ordered compliance with discovery requests,the legal team:

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A person qualified by education,training or experience to render an opinion based on a set of facts that are outside the scope of knowledge of the factfinder is called an __________.

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The use of computers for email and document storage by businesses has decreased the number of potential documents that may have to be reviewed in litigation.

(True/False)
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With vast numbers of documents produced electronically,it is not possible to check every document before handing them over to opposing counsel.This can result in:

(Multiple Choice)
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Matching Matching

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The document that will make the case is known as the:

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Before filing the lawsuit in the toxic tort case,Jack's team based its claims on an extraordinarily high number of leukemia cases occurring within the proximity of the chemical plant,testing of the soil surrounding the plant,as well as a medical study showing that the chemicals produced at the plant are potentially cancer-causing.However,Jack's team had not yet completed their research on the medical evidence that proves the connection.Why is it important for them to complete their investigation before filing suit? Explain your reasoning as it relates to the discovery requirements.

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The e-discovery amendments to the Federal Rules of Civil Procedure were enacted to address:

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Under the Federal Rules of Civil Procedure,the discovery process starts with a meeting with the judge.

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What is metadata?

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Documents that were formerly printed and placed in file folders in filing cabinets are now created and saved in electronic files and folder.

(True/False)
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During the months leading up to the lawsuit,there was a significant amount of communication between the defendant,Greenway Chemicals,and the law firm they retained to represent them.Much of this communication was in the form of e-mails,which were archived in the same file server that contained much of the information sought by the plaintiffs.Greenway is concerned that in the process of e-discovery,some of this communication may be disclosed to the other side.What safeguards are available to protect them from this possibility?

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________________ is a step in the litigation process where the plaintiff and defendant exchange information.

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The person claiming attorney-client privilege has the burden to establish its existence by showing:

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E-discovery is ________

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Federal Rules governing discovery have been modified to:

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The pleadings phase is the step in the litigation process where plaintiff and defendant exchange information relevant to their dispute.

(True/False)
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What is the scope of discovery?

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__________ request written answers to questions.

(Short Answer)
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Demand for access and delivery of electronic data require a technological skill set that many lawyers to not possess.

(True/False)
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