Question 1

Spoliation may include deleting electronic files or information.

Accepted Answer

A) True 
 B)False

Question 2

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

Accepted Answer

A) True 
 B)False

Question 3

______ can involve almost any method of destroying evidence.

Accepted Answer

The answer of ______ can involve almost any method of...

Question 4

In the case of spoliation of evidence,an adverse instruction tells the jury that they may

Accepted Answer

A)  infer that the destroyed evidence may have been favorable to the other side. 
B)  assume that the destroyed evidence was favorable to the other side. 
C)  decide in favor of the other party if it determined that evidence was deliberately destroyed. 
D)  decide in favor of the other party if it is shown that the destroyed evidence was favorable to them. 
A)  infer that the destroyed evidence may have been favorable to the other side. 
B)  assume that the destroyed evidence was favorable to the other side. 
C)  decide in favor of the other party if it determined that evidence was deliberately destroyed. 
D)  decide in favor of the other party if it is shown that the destroyed evidence was favorable to them.

Question 5

A_________ is appropriate when a company or individual determines that an unresolved dispute may result in litigation,and as a result,electronically created documents should not be destroyed.

Accepted Answer

A)  litigation hold 
B)  document destruction 
C)  litigation destruction 
D)  document hold 
A)  litigation hold 
B)  document destruction 
C)  litigation destruction 
D)  document hold

Question 6

A major issue in e-discovery is the ________ of discovery.

Accepted Answer

A)  time 
B)  unreliability 
C)  cost 
D)  labor 
A)  time 
B)  unreliability 
C)  cost 
D)  labor

Question 7

Explain the purpose of a litigation hold,and the duty to preserve evidence.

Accepted Answer

arises if the party knows or should have

Question 8

Where spoliation of evidence has occurred,the judge

Accepted Answer

A)  will dismiss the case, since there is no point in continuing with the litigation. 
B)  may order a variety of remedies, depending on the circumstances and the jurisdiction. 
C)  will apply one the remedies established by the federal rules, which have been adopted nationwide. 
D)  must bar the evidence from being used at trial. 
A)  will dismiss the case, since there is no point in continuing with the litigation. 
B)  may order a variety of remedies, depending on the circumstances and the jurisdiction. 
C)  will apply one the remedies established by the federal rules, which have been adopted nationwide. 
D)  must bar the evidence from being used at trial.

Question 9

In the case against Greenway Chemicals,discovery is nearly concluded.Jack's paralegal,Jim Cassidy,discovered an interesting e-mail from the company's president to the Chief Information Officer that refers to a report from the company's research department suggesting a possible link between the chemical at issue and leukemia.The e-mail is dated 5 days after Jack Parsons sent his settlement demand to Greenway.In the body of the e-mail,the president instructed the Chief Information Officer (CIO)to "bury the report." The referenced report has never turned up in discovery.In his deposition,the CIO admitted that he deleted and destroyed all copies of the report,but that he never read its contents.What potential sanctions can Jack ask the judge to impose on Greenway?

Accepted Answer

Because the destruction occurred after t

Question 10

One of Kate Sandberg's clients,Electro Tech,has grown significantly in the last 10 years from a makeshift laboratory in an engineer's basement,to an electronics manufacturer employing over 200 people.Every week,the operations of the company produce hundreds of electronic documents including contracts,internal memoranda,financial records,and research data,in addition to the hundreds of e-mails written by employees.All of these documents are archived in a central file server at the Electro Tech headquarters.Maintaining these archives is costly,and Electro Tech is increasingly concerned about the possibility of litigation.Electro Tech has asked Kate to help them develop a retention policy.What should be the basic elements of this retention policy?

Accepted Answer

The policy should establish a set of rul

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

The common law duty to preserve relevant evidence is not well recognized.

Accepted Answer

A) True 
 B)False

Question 13

A _____________ is a requirement that once a case is filed or pending,a duty exists to preserve evidence.

Accepted Answer

The answer of A _____________ is a requirement that once...

Spoliation may include deleting electronic files or information.

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

______ can involve almost any method of destroying evidence.

In the case of spoliation of evidence,an adverse instruction tells the jury that they may

A_________ is appropriate when a company or individual determines that an unresolved dispute may result in litigation,and as a result,electronically created documents should not be destroyed.

A major issue in e-discovery is the ________ of discovery.

Explain the purpose of a litigation hold,and the duty to preserve evidence.

Where spoliation of evidence has occurred,the judge

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

The common law duty to preserve relevant evidence is not well recognized.

A _____________ is a requirement that once a case is filed or pending,a duty exists to preserve evidence.

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

Spoliation may include deleting electronic files or information.

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

______ can involve almost any method of destroying evidence.

In the case of spoliation of evidence,an adverse instruction tells the jury that they may

A_________ is appropriate when a company or individual determines that an unresolved dispute may result in litigation,and as a result,electronically created documents should not be destroyed.

A major issue in e-discovery is the ________ of discovery.

Explain the purpose of a litigation hold,and the duty to preserve evidence.

Where spoliation of evidence has occurred,the judge

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

The common law duty to preserve relevant evidence is not well recognized.

A _____________ is a requirement that once a case is filed or pending,a duty exists to preserve evidence.

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