Question 1

Under new case law,the duty to preserve evidence exists:

Accepted Answer

A)  only after an attorney has entered an appearance. 
B)  at all times. 
C)  once it is reasonable and foreseeable that litigation may arise. 
D)  only after a lawsuit is filed. 
A)  only after an attorney has entered an appearance. 
B)  at all times. 
C)  once it is reasonable and foreseeable that litigation may arise. 
D)  only after a lawsuit is filed.

Question 2

A litigation hold letter is more likely to be effective,and shows a good-faith effort,when it

Accepted Answer

A)  does not specify the author. 
B)  states that no acknowledgement of receipt is necessary. 
C)  specifies exactly what actions must be taken. 
D)  describes the scope of the materials in broad, general terms. 
A)  does not specify the author. 
B)  states that no acknowledgement of receipt is necessary. 
C)  specifies exactly what actions must be taken. 
D)  describes the scope of the materials in broad, general terms.

Question 3

____________ is a balancing of the costs against the benefits of preserving and obtaining evidence.

Accepted Answer

The answer of ____________ is a balancing of the costs...

Question 4

The common law and amendments to the Federal Rules of Civil Procedure suggest that a client does not need to preserve documents related to a dispute until litigation has been formally filed.

Accepted Answer

A) True 
 B)False

Question 5

Regarding the law governing e-discovery,the legal team should:

Accepted Answer

A)  continuously check for any changes to the law governing e-discovery. 
B)  devote a minimum amount of time on what is a consistent area of law. 
C)  change discovery practices when a judge issues an adverse ruling against a client. 
D)  assume that the rules governing discovery are similar to those for paper discovery 
A)  continuously check for any changes to the law governing e-discovery. 
B)  devote a minimum amount of time on what is a consistent area of law. 
C)  change discovery practices when a judge issues an adverse ruling against a client. 
D)  assume that the rules governing discovery are similar to those for paper discovery

Question 6

With electronic documents space is a huge concern,and documents should only be kept temporarily

Accepted Answer

A) True 
 B)False

Question 7

According to recent case law,sanctions for spoliation of evidence may depend on

Accepted Answer

A)  whether the evidence was in electronic or paper form. 
B)  the steps taken to preserve and collect information in discovery. 
C)  whether the evidence was in the form of documents, or physical evidence. 
D)  whether documents were destroyed by deleting or shredding. 
A)  whether the evidence was in electronic or paper form. 
B)  the steps taken to preserve and collect information in discovery. 
C)  whether the evidence was in the form of documents, or physical evidence. 
D)  whether documents were destroyed by deleting or shredding.

Question 8

The opinions written in the Zubulake case raise many of the issues surrounding e discovery,mainly,the _______ and the need for early awareness in the case of potential e-discovery issues.

Accepted Answer

A)  duty to preserve evidence, duty to cut costs, duty to reveal, 
B)  duty to preserve evidence, duty to produce, cost of production, 
C)  duty to preserve evidence, duty to collect relevant data, cost of email sorting, 
D)  duty to preserve evidence, duty to negotiate, costs of the case, 
A)  duty to preserve evidence, duty to cut costs, duty to reveal, 
B)  duty to preserve evidence, duty to produce, cost of production, 
C)  duty to preserve evidence, duty to collect relevant data, cost of email sorting, 
D)  duty to preserve evidence, duty to negotiate, costs of the case,

Question 9

Where a client has a retention and destruction policy and the duty to preserve evidence has arisen,the attorney:

Accepted Answer

A)  must immediately review all documents in the client's possession. 
B)  must instruct the client to cease destruction of documents. 
C)  must verify the client has followed the instruction to cease destruction. 
D)  both b and c 
A)  must immediately review all documents in the client's possession. 
B)  must instruct the client to cease destruction of documents. 
C)  must verify the client has followed the instruction to cease destruction. 
D)  both b and c

Question 10

A _________ serves as a red flag to the company and its employees not to destroy or alter any documents related to the dispute,and to save them in their present forms.

Accepted Answer

The answer of A _________ serves as a red flag...

Question 11

Good faith destruction of documents is established by:

Accepted Answer

A)  establishing a standard operating procedure for retention and destruction of documents. 
B)  establishing a standard operating procedure for retention of documents. 
C)  establishing a standard operating procedure for retention and destruction of documents that includes a litigation hold policy. 
D)  saving a separate electronic back-up version of every document destroyed. 
A)  establishing a standard operating procedure for retention and destruction of documents. 
B)  establishing a standard operating procedure for retention of documents. 
C)  establishing a standard operating procedure for retention and destruction of documents that includes a litigation hold policy. 
D)  saving a separate electronic back-up version of every document destroyed.

Question 12

Spoilation can involve almost any method of destroying evidence.

Accepted Answer

A) True 
 B)False

Question 13

Every record retention policy should include

Accepted Answer

A)  a direction to destroy each document as soon as it is no longer needed in the course of business. 
B)  a procedure for destroying any document related to a matter that may result in litigation. 
C)  a process for making hard copies of every document produced by the business. 
D)  rules determining which matters may result in litigation and ensuring that related records are kept. 
A)  a direction to destroy each document as soon as it is no longer needed in the course of business. 
B)  a procedure for destroying any document related to a matter that may result in litigation. 
C)  a process for making hard copies of every document produced by the business. 
D)  rules determining which matters may result in litigation and ensuring that related records are kept.

Question 14

A _____________ must balance the economics of storage with the need to preserve documents for potential litigation.

Accepted Answer

The answer of A _____________ must balance the economics of...

Question 15

A litigation hold serves as a red flag to the company and its employees not to destroy or alter any documents related to the dispute,and to save them in their present forms.

Accepted Answer

A) True 
 B)False

Question 16

Costs associated with e-discovery may arise from:

Accepted Answer

A)  files stored on media for which the original hardware to read and write is no longer available. 
B)  files stored on media for which the original software to read and write is no longer available. 
C)  files stored on media that has deteriorated. 
D)  all the above. 
A)  files stored on media for which the original hardware to read and write is no longer available. 
B)  files stored on media for which the original software to read and write is no longer available. 
C)  files stored on media that has deteriorated. 
D)  all the above.

Question 17

Where documents have been intentionally destroyed without good faith,the cost to retrieve and restore archived,corrupted,or deleted files is born by:

Accepted Answer

A)  the party who destroyed the documents. 
B)  the party producing the documents. 
C)  the attorney who failed to protect the documents from destruction. 
D)  the party requesting the documents. 
A)  the party who destroyed the documents. 
B)  the party producing the documents. 
C)  the attorney who failed to protect the documents from destruction. 
D)  the party requesting the documents.

Question 18

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

Accepted Answer

The answer of More businesses are adopting ____________ for electronic...

Question 19

Any item of information is ___________ for purposes of discovery where it has a relationship to evidence about the litigation and is likely to lead to admissible evidence.

Accepted Answer

The answer of Any item of information is ___________ for...

Question 20

With paper documents and records,________ was a concern because of the physical space required and the concern over fire or water damage.

Accepted Answer

The answer of With paper documents and records,________ was a...

Under new case law,the duty to preserve evidence exists:

A litigation hold letter is more likely to be effective,and shows a good-faith effort,when it

____________ is a balancing of the costs against the benefits of preserving and obtaining evidence.

The common law and amendments to the Federal Rules of Civil Procedure suggest that a client does not need to preserve documents related to a dispute until litigation has been formally filed.

Regarding the law governing e-discovery,the legal team should:

With electronic documents space is a huge concern,and documents should only be kept temporarily

According to recent case law,sanctions for spoliation of evidence may depend on

The opinions written in the Zubulake case raise many of the issues surrounding e discovery,mainly,the _______ and the need for early awareness in the case of potential e-discovery issues.

Where a client has a retention and destruction policy and the duty to preserve evidence has arisen,the attorney:

A _________ serves as a red flag to the company and its employees not to destroy or alter any documents related to the dispute,and to save them in their present forms.

Good faith destruction of documents is established by:

Spoilation can involve almost any method of destroying evidence.

Every record retention policy should include

A _____________ must balance the economics of storage with the need to preserve documents for potential litigation.

A litigation hold serves as a red flag to the company and its employees not to destroy or alter any documents related to the dispute,and to save them in their present forms.

Costs associated with e-discovery may arise from:

Where documents have been intentionally destroyed without good faith,the cost to retrieve and restore archived,corrupted,or deleted files is born by:

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

Any item of information is ___________ for purposes of discovery where it has a relationship to evidence about the litigation and is likely to lead to admissible evidence.

With paper documents and records,________ was a concern because of the physical space required and the concern over fire or water damage.

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

Exam 12: Evolving Issues in E-Discovery

Under new case law,the duty to preserve evidence exists:

A litigation hold letter is more likely to be effective,and shows a good-faith effort,when it

____________ is a balancing of the costs against the benefits of preserving and obtaining evidence.

The common law and amendments to the Federal Rules of Civil Procedure suggest that a client does not need to preserve documents related to a dispute until litigation has been formally filed.

Regarding the law governing e-discovery,the legal team should:

With electronic documents space is a huge concern,and documents should only be kept temporarily

According to recent case law,sanctions for spoliation of evidence may depend on

The opinions written in the Zubulake case raise many of the issues surrounding e discovery,mainly,the _______ and the need for early awareness in the case of potential e-discovery issues.

Where a client has a retention and destruction policy and the duty to preserve evidence has arisen,the attorney:

A _________ serves as a red flag to the company and its employees not to destroy or alter any documents related to the dispute,and to save them in their present forms.

Good faith destruction of documents is established by:

Spoilation can involve almost any method of destroying evidence.

Every record retention policy should include

A _____________ must balance the economics of storage with the need to preserve documents for potential litigation.

A litigation hold serves as a red flag to the company and its employees not to destroy or alter any documents related to the dispute,and to save them in their present forms.

Costs associated with e-discovery may arise from:

Where documents have been intentionally destroyed without good faith,the cost to retrieve and restore archived,corrupted,or deleted files is born by:

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

Any item of information is ___________ for purposes of discovery where it has a relationship to evidence about the litigation and is likely to lead to admissible evidence.

With paper documents and records,________ was a concern because of the physical space required and the concern over fire or water damage.

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