A) all electronic documents are discoverable. B) only privileged electronic documents are discoverable. C) all electronic documents are discoverable unless protected by privilege. D) no electronic documents are discoverable. A) all electronic documents are discoverable. B) only privileged electronic documents are discoverable. C) all electronic documents are discoverable unless protected by privilege. D) no electronic documents are discoverable.

A) only the destruction of documents in electronic form. B) destruction of any type of evidence. C) only evidence that has actually been identified in discovery. D) only evidence that may conclusively prove the case. A) only the destruction of documents in electronic form. B) destruction of any type of evidence. C) only evidence that has actually been identified in discovery. D) only evidence that may conclusively prove the case.

Exam 12: Evolving Issues in E-Discovery

Sanctions may include monetary penalties,or an instruction to the jury that they may infer that the destroyed documents would have been favorable to the opposing party.

Free

(True/False)

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Question 1

Correct Answer:

Verified

True

______________ is the destruction of evidence pertaining to litigation.

Free

(Short Answer)

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Question 2

Correct Answer:

Verified

Spoilation

Matching

Free

(Short Answer)

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Question 3

Correct Answer:

Verified

1.b
2.e
3.c
4.h
5.d
6.a
7.f
8.g
9.j
10.i

Destruction of records when the party knows of litigation related to those documents is called:

(Multiple Choice)

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Question 4

A litigation hold is a requirement that once a case is filed or where the party knows or has reason to know that litigation may be brought,a duty exists to preserve evidence.

(True/False)

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Question 5

What is spoilation? How may an attorney advise a client to prevent claims of spoilation?

(Essay)

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Question 6

Select the best matching for each term

gross negligence

Weighing the cost against the benefits of preserving and obtaining evidence.

record retention

An extreme level of carelessness.

litigation hold

A process whereby a company or individual determines that an unresolved dispute may result in litigation and, as a result, documents should not be destroyed or altered.

Correct Answer:

Verified

gross negligence

record retention

litigation hold

retention policy

spoliation

proportionality

sanctions

e-discovery

adverse inference

Federal Rules of Civil Procedure

(Matching)

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Question 7

Spoilation of evidence is punishable by court imposed sanctions against the party who destroyed the evidence.

(True/False)

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Question 8

Judge Shira Scheindlin in the widely-reported Zubulake case addressed the issues associated with electronically stored information (ESI)in discovery.

(True/False)

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Question 9

_____________ refers to the discovery of documents created,disseminated,and stored via electronic means.

(Short Answer)

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Question 10

The duty to preserve evidence dictates that once litigation is received,evidence must be ________.

(Short Answer)

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Question 11

The opinions in Zubulake

(Multiple Choice)

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Question 12

When considering their client's duty to preserve evidence,it is usually better for the legal team to

(Multiple Choice)

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Question 13

E-discovery refers to the discovery of documents created,disseminated,and stored via electronic means.

(True/False)

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Question 14

The term ADR refers to the destruction of evidence pertaining to litigation.

(True/False)

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Question 15

In e-discovery:

(Multiple Choice)

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Question 16

Electro Tech has advised Kate that they just received a letter from attorneys representing a competitor,Synchromotive,Inc.,alleging that a device manufactured by Electro Tech,the Accelerex,infringes on a patent held by Synchromotive for a similar device,called a Speedex.They will sue if Electro Tech does not immediately stop producing the Accelerex.What action should Kate take at this time regarding Electro Tech's electronically stored information?

(Essay)

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Question 17

More businesses are adopting retention policies for electronic data,which govern how long this information is retained.

(True/False)

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Question 18

___________ may include monetary penalties,or an instruction to the jury that they may infer that the destroyed documents would have been favorable to the opposing party.

(Short Answer)

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Question 19

Spoliation includes

(Multiple Choice)

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Question 20

Sanctions may include monetary penalties,or an instruction to the jury that they may infer that the destroyed documents would have been favorable to the opposing party.

______________ is the destruction of evidence pertaining to litigation.

Matching

Destruction of records when the party knows of litigation related to those documents is called:

A litigation hold is a requirement that once a case is filed or where the party knows or has reason to know that litigation may be brought,a duty exists to preserve evidence.

What is spoilation? How may an attorney advise a client to prevent claims of spoilation?

Spoilation of evidence is punishable by court imposed sanctions against the party who destroyed the evidence.

Judge Shira Scheindlin in the widely-reported Zubulake case addressed the issues associated with electronically stored information (ESI)in discovery.

_____________ refers to the discovery of documents created,disseminated,and stored via electronic means.

The duty to preserve evidence dictates that once litigation is received,evidence must be ________.

The opinions in Zubulake

When considering their client's duty to preserve evidence,it is usually better for the legal team to

E-discovery refers to the discovery of documents created,disseminated,and stored via electronic means.

The term ADR refers to the destruction of evidence pertaining to litigation.

In e-discovery:

More businesses are adopting retention policies for electronic data,which govern how long this information is retained.

___________ may include monetary penalties,or an instruction to the jury that they may infer that the destroyed documents would have been favorable to the opposing party.

Spoliation includes

Technology in the Law Office

Ethics and Professional Responsibility in a Technology Age

Computers in the Law Office

The Internet, the Cloud, and Communications

Word Processing

Spreadsheets

Electronic Databases

Utilities, applications and Tools

Office Management Software

Case Organization and Management Software

The Changing Face of Discovery and the Basics of E-Discovery

E-Discovery--The Process

Analysis and Review of E-Discovery

The Electronic Courtroom

Presentation and Trial Graphics

Electronic Trial Presentation

Filters