Deck 4: Experts: The Right Person for the Right Job

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Question
Which of the following is NOT necessary for effectively managing e-discovery?

A) understanding the process and tools
B) knowing when to bring in the experts
C) merging the IT and medical professions
D) knowing how to select the right experts
Use Space or
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Question
Consultants that give testimony are considered expert witnesses.
Question
When does the discovery exchange usually begin in a criminal case?

A) before sentencing
B) after an arrest
C) after an indictment
D) before closing arguments
Question
E-discovery certifications have been approved and recognized by the ABA.
Question
What happens to privileged information contained in documents before it is delivered to the requesting party?

A) it is thrown out
B) it is redacted
C) it is cataloged
D) it is highlighted
Question
Defense attorneys usually have forensic examiners on staff and rarely use consultants.
Question
Which party is likely to act in a neutral position between multiple defendants?

A) Prosecution
B) Coordinating attorney
C) Law enforcement agency
D) DOJ discovery coordinator
Question
What type of software is used to convert word images into searchable text?

A) TIFF
B) Web
C) OCR
D) CAD
Question
Which of the following is likely to give testimony and must be qualified by the court?

A) expert witness
B) consultant
C) discovery coordinator
D) prosecution
Question
What is served on an opposing party that asks the party to accept or deny certain facts and reply in writing under oath?

A) request for production
B) request for admission
C) deposition statement
D) discovery request
Question
Which form of discovery takes an oral argument from a witness under oath before trial?

A) request for production
B) interrogatory
C) deposition
D) request for admission
Question
Which term is a written question submitted to another party for the purpose of gathering discovery?

A) evidence
B) interrogatory
C) forensic
D) inquest
Question
What are documents assigned when they are produced as a result of a discovery request?

A) serial number
B) ID code
C) Bates number
D) bar code
Question
A request for production requires the opposing party to respond verbally under oath.
Question
Which of the following would be considered evidence?

A) requests for the production of documents
B) attorney review of relevant materials
C) identification of documents relevant to the case
D) a document introduced that bolsters the defense's case
Question
In criminal cases, which of the following is a role similar to an e-discovery project manager in civil cases?

A) U.S. Attorney
B) public defender
C) prosecutor
D) discovery attorney
Question
According to recent studies, litigation involving ESI costs considerably less than cases without ESI.
Question
Which of the following is typically true about e-discovery attorney consultants?

A) has abundant hands-on technical skills
B) usually costs less than an IT consultant
C) is best for tasks like file conversions
D) is best for helping with technical wording in court filings
Question
What might be issued to potential litigants indicating their requirement to preserve evidence?

A) hold notice
B) subpoena
C) HIPAA request
D) document interrogatory
Question
Where should you look for information that covers how a law firm's e-discovery team, corporate legal department, and vendors interact?

A) EDRM
B) Sedona Conference Guide
C) RFP
D) RFI
Question
Match between columns
people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions
digital forensics consultants
people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions
bill of particulars
people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions
evidence
people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions
witness impeachment
people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions
forensics mediator
people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions
deposition
people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions
summary judgment
people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions
discovery
people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions
expert
people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions
e-discovery consultant
Question
In civil cases, law firms manage e-discovery and present the evidence ______________ to a judge or jury instead of testifying about the analysis of evidence.
Question
In a civil case, what can be applied to trade secrets or highly confidential documents to shield them from public view?

A) request for admission
B) protective order
C) litigation hold
D) interrogatory shield
Question
Match between columns
under FRE 702, a person with special knowledge, experience, training, education, or skills
digital forensics consultants
under FRE 702, a person with special knowledge, experience, training, education, or skills
bill of particulars
under FRE 702, a person with special knowledge, experience, training, education, or skills
evidence
under FRE 702, a person with special knowledge, experience, training, education, or skills
witness impeachment
under FRE 702, a person with special knowledge, experience, training, education, or skills
forensics mediator
under FRE 702, a person with special knowledge, experience, training, education, or skills
deposition
under FRE 702, a person with special knowledge, experience, training, education, or skills
summary judgment
under FRE 702, a person with special knowledge, experience, training, education, or skills
discovery
under FRE 702, a person with special knowledge, experience, training, education, or skills
expert
under FRE 702, a person with special knowledge, experience, training, education, or skills
e-discovery consultant
Question
What type of document search uses wildcards and other methods to allow for variances in spelling and typing mistakes?

A) keyword
B) fuzzy
C) forensic
D) digital
Question
As _________ witnesses, digital forensics examiners are asked for their qualifications before they can testify.
Question
Match between columns
the process of identifying, locating, securing, and producing information and materials for use in litigation
digital forensics consultants
the process of identifying, locating, securing, and producing information and materials for use in litigation
bill of particulars
the process of identifying, locating, securing, and producing information and materials for use in litigation
evidence
the process of identifying, locating, securing, and producing information and materials for use in litigation
witness impeachment
the process of identifying, locating, securing, and producing information and materials for use in litigation
forensics mediator
the process of identifying, locating, securing, and producing information and materials for use in litigation
deposition
the process of identifying, locating, securing, and producing information and materials for use in litigation
summary judgment
the process of identifying, locating, securing, and producing information and materials for use in litigation
discovery
the process of identifying, locating, securing, and producing information and materials for use in litigation
expert
the process of identifying, locating, securing, and producing information and materials for use in litigation
e-discovery consultant
Question
A special ______________ is often a lawyer or former judge appointed by the court to assist in specific functions in a pending action.
Question
Match between columns
a decision rendered by the court, usually before trial, that eliminates an issue in dispute
digital forensics consultants
a decision rendered by the court, usually before trial, that eliminates an issue in dispute
bill of particulars
a decision rendered by the court, usually before trial, that eliminates an issue in dispute
evidence
a decision rendered by the court, usually before trial, that eliminates an issue in dispute
witness impeachment
a decision rendered by the court, usually before trial, that eliminates an issue in dispute
forensics mediator
a decision rendered by the court, usually before trial, that eliminates an issue in dispute
deposition
a decision rendered by the court, usually before trial, that eliminates an issue in dispute
summary judgment
a decision rendered by the court, usually before trial, that eliminates an issue in dispute
discovery
a decision rendered by the court, usually before trial, that eliminates an issue in dispute
expert
a decision rendered by the court, usually before trial, that eliminates an issue in dispute
e-discovery consultant
Question
What do many large corporations require their outside counsel to use to track case outcomes and costs?

A) UTBMS
B) EDRM
C) FRCP
D) IPRO
Question
A forensics ____________ is a new type of consultant that performs the actual discovery investigation instead of the plaintiff or defendant.
Question
Match between columns
giving testimony under oath outside court; a key form of discovery
digital forensics consultants
giving testimony under oath outside court; a key form of discovery
bill of particulars
giving testimony under oath outside court; a key form of discovery
evidence
giving testimony under oath outside court; a key form of discovery
witness impeachment
giving testimony under oath outside court; a key form of discovery
forensics mediator
giving testimony under oath outside court; a key form of discovery
deposition
giving testimony under oath outside court; a key form of discovery
summary judgment
giving testimony under oath outside court; a key form of discovery
discovery
giving testimony under oath outside court; a key form of discovery
expert
giving testimony under oath outside court; a key form of discovery
e-discovery consultant
Question
Match between columns
a forensics expert who is neutral to the case and functions as a mediator between parties
digital forensics consultants
a forensics expert who is neutral to the case and functions as a mediator between parties
bill of particulars
a forensics expert who is neutral to the case and functions as a mediator between parties
evidence
a forensics expert who is neutral to the case and functions as a mediator between parties
witness impeachment
a forensics expert who is neutral to the case and functions as a mediator between parties
forensics mediator
a forensics expert who is neutral to the case and functions as a mediator between parties
deposition
a forensics expert who is neutral to the case and functions as a mediator between parties
summary judgment
a forensics expert who is neutral to the case and functions as a mediator between parties
discovery
a forensics expert who is neutral to the case and functions as a mediator between parties
expert
a forensics expert who is neutral to the case and functions as a mediator between parties
e-discovery consultant
Question
Match between columns
the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible
digital forensics consultants
the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible
bill of particulars
the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible
evidence
the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible
witness impeachment
the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible
forensics mediator
the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible
deposition
the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible
summary judgment
the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible
discovery
the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible
expert
the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible
e-discovery consultant
Question
Match between columns
the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief
digital forensics consultants
the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief
bill of particulars
the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief
evidence
the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief
witness impeachment
the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief
forensics mediator
the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief
deposition
the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief
summary judgment
the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief
discovery
the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief
expert
the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief
e-discovery consultant
Question
What allows law enforcement to seize information without a warrant if they believe evidence could be destroyed?

A) warrantless discovery
B) evidence of a crime is in plain view
C) incident to arrest
D) exigent circumstances
Question
Match between columns
a request to prosecution for details and evidence of an alleged crime
digital forensics consultants
a request to prosecution for details and evidence of an alleged crime
bill of particulars
a request to prosecution for details and evidence of an alleged crime
evidence
a request to prosecution for details and evidence of an alleged crime
witness impeachment
a request to prosecution for details and evidence of an alleged crime
forensics mediator
a request to prosecution for details and evidence of an alleged crime
deposition
a request to prosecution for details and evidence of an alleged crime
summary judgment
a request to prosecution for details and evidence of an alleged crime
discovery
a request to prosecution for details and evidence of an alleged crime
expert
a request to prosecution for details and evidence of an alleged crime
e-discovery consultant
Question
If law enforcement agents are testifying as experts, they must be mindful of off-duty activities to avoid ________________ of their testimony.
Question
In what type of hearing is an expert witness asked for his or her qualifications so the judge can determine whether the person can testify as an expert?

A) Jencks
B) Sarbanes-Oxley
C) Daubert
D) Merrel Dow
Question
Match between columns
a person or company offering digital forensics services or advice; can subcontract some or all of the work
digital forensics consultants
a person or company offering digital forensics services or advice; can subcontract some or all of the work
bill of particulars
a person or company offering digital forensics services or advice; can subcontract some or all of the work
evidence
a person or company offering digital forensics services or advice; can subcontract some or all of the work
witness impeachment
a person or company offering digital forensics services or advice; can subcontract some or all of the work
forensics mediator
a person or company offering digital forensics services or advice; can subcontract some or all of the work
deposition
a person or company offering digital forensics services or advice; can subcontract some or all of the work
summary judgment
a person or company offering digital forensics services or advice; can subcontract some or all of the work
discovery
a person or company offering digital forensics services or advice; can subcontract some or all of the work
expert
a person or company offering digital forensics services or advice; can subcontract some or all of the work
e-discovery consultant
Question
What does good case staffing involve and what are some of the questions that must be asked to make good case staffing decisions with respect to e-discovery?
Question
Why is gathering discovery more complex today than in the past?
Question
What does managing e-discovery effectively involve?
Question
What is the role of coordinating attorney in a criminal case?
Question
What do digital forensics consultants and digital forensics examiners do and why is their role important?
Question
What is a Daubert hearing?
Question
What is a request for admission and when is it used?
Question
Describe how a digital forensics examiner may be limited in scope in a criminal case and some of the exceptions to those limitations.
Question
How is discovery usually done in a civil case?
Question
What is the difference between and expert and a consultant?
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Deck 4: Experts: The Right Person for the Right Job
1
Which of the following is NOT necessary for effectively managing e-discovery?

A) understanding the process and tools
B) knowing when to bring in the experts
C) merging the IT and medical professions
D) knowing how to select the right experts
C
2
Consultants that give testimony are considered expert witnesses.
True
3
When does the discovery exchange usually begin in a criminal case?

A) before sentencing
B) after an arrest
C) after an indictment
D) before closing arguments
C
4
E-discovery certifications have been approved and recognized by the ABA.
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Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
5
What happens to privileged information contained in documents before it is delivered to the requesting party?

A) it is thrown out
B) it is redacted
C) it is cataloged
D) it is highlighted
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
6
Defense attorneys usually have forensic examiners on staff and rarely use consultants.
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
7
Which party is likely to act in a neutral position between multiple defendants?

A) Prosecution
B) Coordinating attorney
C) Law enforcement agency
D) DOJ discovery coordinator
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
8
What type of software is used to convert word images into searchable text?

A) TIFF
B) Web
C) OCR
D) CAD
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
9
Which of the following is likely to give testimony and must be qualified by the court?

A) expert witness
B) consultant
C) discovery coordinator
D) prosecution
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
10
What is served on an opposing party that asks the party to accept or deny certain facts and reply in writing under oath?

A) request for production
B) request for admission
C) deposition statement
D) discovery request
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
11
Which form of discovery takes an oral argument from a witness under oath before trial?

A) request for production
B) interrogatory
C) deposition
D) request for admission
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
12
Which term is a written question submitted to another party for the purpose of gathering discovery?

A) evidence
B) interrogatory
C) forensic
D) inquest
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
13
What are documents assigned when they are produced as a result of a discovery request?

A) serial number
B) ID code
C) Bates number
D) bar code
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
14
A request for production requires the opposing party to respond verbally under oath.
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
15
Which of the following would be considered evidence?

A) requests for the production of documents
B) attorney review of relevant materials
C) identification of documents relevant to the case
D) a document introduced that bolsters the defense's case
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
16
In criminal cases, which of the following is a role similar to an e-discovery project manager in civil cases?

A) U.S. Attorney
B) public defender
C) prosecutor
D) discovery attorney
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
17
According to recent studies, litigation involving ESI costs considerably less than cases without ESI.
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
18
Which of the following is typically true about e-discovery attorney consultants?

A) has abundant hands-on technical skills
B) usually costs less than an IT consultant
C) is best for tasks like file conversions
D) is best for helping with technical wording in court filings
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
19
What might be issued to potential litigants indicating their requirement to preserve evidence?

A) hold notice
B) subpoena
C) HIPAA request
D) document interrogatory
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
20
Where should you look for information that covers how a law firm's e-discovery team, corporate legal department, and vendors interact?

A) EDRM
B) Sedona Conference Guide
C) RFP
D) RFI
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
21
Match between columns
people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions
digital forensics consultants
people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions
bill of particulars
people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions
evidence
people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions
witness impeachment
people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions
forensics mediator
people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions
deposition
people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions
summary judgment
people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions
discovery
people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions
expert
people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions
e-discovery consultant
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
22
In civil cases, law firms manage e-discovery and present the evidence ______________ to a judge or jury instead of testifying about the analysis of evidence.
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
23
In a civil case, what can be applied to trade secrets or highly confidential documents to shield them from public view?

A) request for admission
B) protective order
C) litigation hold
D) interrogatory shield
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
24
Match between columns
under FRE 702, a person with special knowledge, experience, training, education, or skills
digital forensics consultants
under FRE 702, a person with special knowledge, experience, training, education, or skills
bill of particulars
under FRE 702, a person with special knowledge, experience, training, education, or skills
evidence
under FRE 702, a person with special knowledge, experience, training, education, or skills
witness impeachment
under FRE 702, a person with special knowledge, experience, training, education, or skills
forensics mediator
under FRE 702, a person with special knowledge, experience, training, education, or skills
deposition
under FRE 702, a person with special knowledge, experience, training, education, or skills
summary judgment
under FRE 702, a person with special knowledge, experience, training, education, or skills
discovery
under FRE 702, a person with special knowledge, experience, training, education, or skills
expert
under FRE 702, a person with special knowledge, experience, training, education, or skills
e-discovery consultant
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
25
What type of document search uses wildcards and other methods to allow for variances in spelling and typing mistakes?

A) keyword
B) fuzzy
C) forensic
D) digital
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
26
As _________ witnesses, digital forensics examiners are asked for their qualifications before they can testify.
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
27
Match between columns
the process of identifying, locating, securing, and producing information and materials for use in litigation
digital forensics consultants
the process of identifying, locating, securing, and producing information and materials for use in litigation
bill of particulars
the process of identifying, locating, securing, and producing information and materials for use in litigation
evidence
the process of identifying, locating, securing, and producing information and materials for use in litigation
witness impeachment
the process of identifying, locating, securing, and producing information and materials for use in litigation
forensics mediator
the process of identifying, locating, securing, and producing information and materials for use in litigation
deposition
the process of identifying, locating, securing, and producing information and materials for use in litigation
summary judgment
the process of identifying, locating, securing, and producing information and materials for use in litigation
discovery
the process of identifying, locating, securing, and producing information and materials for use in litigation
expert
the process of identifying, locating, securing, and producing information and materials for use in litigation
e-discovery consultant
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
28
A special ______________ is often a lawyer or former judge appointed by the court to assist in specific functions in a pending action.
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
29
Match between columns
a decision rendered by the court, usually before trial, that eliminates an issue in dispute
digital forensics consultants
a decision rendered by the court, usually before trial, that eliminates an issue in dispute
bill of particulars
a decision rendered by the court, usually before trial, that eliminates an issue in dispute
evidence
a decision rendered by the court, usually before trial, that eliminates an issue in dispute
witness impeachment
a decision rendered by the court, usually before trial, that eliminates an issue in dispute
forensics mediator
a decision rendered by the court, usually before trial, that eliminates an issue in dispute
deposition
a decision rendered by the court, usually before trial, that eliminates an issue in dispute
summary judgment
a decision rendered by the court, usually before trial, that eliminates an issue in dispute
discovery
a decision rendered by the court, usually before trial, that eliminates an issue in dispute
expert
a decision rendered by the court, usually before trial, that eliminates an issue in dispute
e-discovery consultant
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
30
What do many large corporations require their outside counsel to use to track case outcomes and costs?

A) UTBMS
B) EDRM
C) FRCP
D) IPRO
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
31
A forensics ____________ is a new type of consultant that performs the actual discovery investigation instead of the plaintiff or defendant.
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
32
Match between columns
giving testimony under oath outside court; a key form of discovery
digital forensics consultants
giving testimony under oath outside court; a key form of discovery
bill of particulars
giving testimony under oath outside court; a key form of discovery
evidence
giving testimony under oath outside court; a key form of discovery
witness impeachment
giving testimony under oath outside court; a key form of discovery
forensics mediator
giving testimony under oath outside court; a key form of discovery
deposition
giving testimony under oath outside court; a key form of discovery
summary judgment
giving testimony under oath outside court; a key form of discovery
discovery
giving testimony under oath outside court; a key form of discovery
expert
giving testimony under oath outside court; a key form of discovery
e-discovery consultant
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
33
Match between columns
a forensics expert who is neutral to the case and functions as a mediator between parties
digital forensics consultants
a forensics expert who is neutral to the case and functions as a mediator between parties
bill of particulars
a forensics expert who is neutral to the case and functions as a mediator between parties
evidence
a forensics expert who is neutral to the case and functions as a mediator between parties
witness impeachment
a forensics expert who is neutral to the case and functions as a mediator between parties
forensics mediator
a forensics expert who is neutral to the case and functions as a mediator between parties
deposition
a forensics expert who is neutral to the case and functions as a mediator between parties
summary judgment
a forensics expert who is neutral to the case and functions as a mediator between parties
discovery
a forensics expert who is neutral to the case and functions as a mediator between parties
expert
a forensics expert who is neutral to the case and functions as a mediator between parties
e-discovery consultant
Unlock Deck
Unlock for access to all 50 flashcards in this deck.
Unlock Deck
k this deck
34
Match between columns
the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible
digital forensics consultants
the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible
bill of particulars
the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible
evidence
the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible
witness impeachment
the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible
forensics mediator
the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible
deposition
the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible
summary judgment
the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible
discovery
the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible
expert
the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible
e-discovery consultant
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35
Match between columns
the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief
digital forensics consultants
the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief
bill of particulars
the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief
evidence
the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief
witness impeachment
the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief
forensics mediator
the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief
deposition
the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief
summary judgment
the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief
discovery
the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief
expert
the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief
e-discovery consultant
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36
What allows law enforcement to seize information without a warrant if they believe evidence could be destroyed?

A) warrantless discovery
B) evidence of a crime is in plain view
C) incident to arrest
D) exigent circumstances
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37
Match between columns
a request to prosecution for details and evidence of an alleged crime
digital forensics consultants
a request to prosecution for details and evidence of an alleged crime
bill of particulars
a request to prosecution for details and evidence of an alleged crime
evidence
a request to prosecution for details and evidence of an alleged crime
witness impeachment
a request to prosecution for details and evidence of an alleged crime
forensics mediator
a request to prosecution for details and evidence of an alleged crime
deposition
a request to prosecution for details and evidence of an alleged crime
summary judgment
a request to prosecution for details and evidence of an alleged crime
discovery
a request to prosecution for details and evidence of an alleged crime
expert
a request to prosecution for details and evidence of an alleged crime
e-discovery consultant
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38
If law enforcement agents are testifying as experts, they must be mindful of off-duty activities to avoid ________________ of their testimony.
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39
In what type of hearing is an expert witness asked for his or her qualifications so the judge can determine whether the person can testify as an expert?

A) Jencks
B) Sarbanes-Oxley
C) Daubert
D) Merrel Dow
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40
Match between columns
a person or company offering digital forensics services or advice; can subcontract some or all of the work
digital forensics consultants
a person or company offering digital forensics services or advice; can subcontract some or all of the work
bill of particulars
a person or company offering digital forensics services or advice; can subcontract some or all of the work
evidence
a person or company offering digital forensics services or advice; can subcontract some or all of the work
witness impeachment
a person or company offering digital forensics services or advice; can subcontract some or all of the work
forensics mediator
a person or company offering digital forensics services or advice; can subcontract some or all of the work
deposition
a person or company offering digital forensics services or advice; can subcontract some or all of the work
summary judgment
a person or company offering digital forensics services or advice; can subcontract some or all of the work
discovery
a person or company offering digital forensics services or advice; can subcontract some or all of the work
expert
a person or company offering digital forensics services or advice; can subcontract some or all of the work
e-discovery consultant
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41
What does good case staffing involve and what are some of the questions that must be asked to make good case staffing decisions with respect to e-discovery?
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42
Why is gathering discovery more complex today than in the past?
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43
What does managing e-discovery effectively involve?
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44
What is the role of coordinating attorney in a criminal case?
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45
What do digital forensics consultants and digital forensics examiners do and why is their role important?
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46
What is a Daubert hearing?
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47
What is a request for admission and when is it used?
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48
Describe how a digital forensics examiner may be limited in scope in a criminal case and some of the exceptions to those limitations.
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49
How is discovery usually done in a civil case?
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50
What is the difference between and expert and a consultant?
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