Deck 4: Experts: The Right Person for the Right Job
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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
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
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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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
A) it is thrown out
B) it is redacted
C) it is cataloged
D) it is highlighted
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6
Defense attorneys usually have forensic examiners on staff and rarely use consultants.
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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
A) Prosecution
B) Coordinating attorney
C) Law enforcement agency
D) DOJ discovery coordinator
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8
What type of software is used to convert word images into searchable text?
A) TIFF
B) Web
C) OCR
D) CAD
A) TIFF
B) Web
C) OCR
D) CAD
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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
A) expert witness
B) consultant
C) discovery coordinator
D) prosecution
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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
A) request for production
B) request for admission
C) deposition statement
D) discovery request
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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
A) request for production
B) interrogatory
C) deposition
D) request for admission
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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
A) evidence
B) interrogatory
C) forensic
D) inquest
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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
A) serial number
B) ID code
C) Bates number
D) bar code
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14
A request for production requires the opposing party to respond verbally under oath.
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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
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
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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
A) U.S. Attorney
B) public defender
C) prosecutor
D) discovery attorney
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17
According to recent studies, litigation involving ESI costs considerably less than cases without ESI.
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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
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
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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
A) hold notice
B) subpoena
C) HIPAA request
D) document interrogatory
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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
A) EDRM
B) Sedona Conference Guide
C) RFP
D) RFI
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21
Match between columns
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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.
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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
A) request for admission
B) protective order
C) litigation hold
D) interrogatory shield
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24
Match between columns
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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
A) keyword
B) fuzzy
C) forensic
D) digital
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26
As _________ witnesses, digital forensics examiners are asked for their qualifications before they can testify.
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27
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28
A special ______________ is often a lawyer or former judge appointed by the court to assist in specific functions in a pending action.
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29
Match between columns
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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
A) UTBMS
B) EDRM
C) FRCP
D) IPRO
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31
A forensics ____________ is a new type of consultant that performs the actual discovery investigation instead of the plaintiff or defendant.
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32
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33
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34
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35
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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
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
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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
A) Jencks
B) Sarbanes-Oxley
C) Daubert
D) Merrel Dow
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40
Match between columns
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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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