Deck 13: E-Discovery--The Process

Question 1

When conducting a search for electronic documents,the process of sampling can be used to

A) obtain examples of documents that are representative of the entire collection.
B) test the accuracy of a search query before using it to perform a full search.
C) compare documents to determine which are the most relevant.
D) test a search query to see how many documents it will produce.

Answer 1

B

Question 2

The Electronic Discovery Reference Model begins

A) as soon as a lawsuit has been filed.
B) as soon as the discovery phase begins.
C) after notice of a legal claim has been given.
D) before litigation occurs.

Answer 2

D

Question 3

The chain of custody of an electronic document can be maintained by

A) using a "digital evidence bag."
B) converting files to the PDF format.
C) converting files to Word format.
D) printing a hard copy of the file.

Answer 3

A

Question 4

Mandatory disclosure under the Federal Rules of Civil Procedure is designed to bring about:

A) more streamlined discovery.
B) earlier settlement discussions.
C) shorter discovery schedules.
D) all of the above

Question 5

Interrogatories are a very limited method of obtaining information in discovery because

A) rules of procedure establish a fixed set of questions that may be asked.
B) answers are reviewed by a party's counsel to be sure they supply only the required information.
C) the requesting party may not follow up with any additional discovery requests.
D) they must be answered in a limited time, which may not be extended.

Question 6

_________ lists the steps taken to ensure evidence is properly collected and preserved,and possession is properly documented.

A) An evidence log
B) A privilege log
C) A chain of custody
D) A chain of evidence

Question 7

According to the Electronic Discovery Reference Model,the e-discovery process should begin with

A) preservation and collection
B) production
C) identification
D) information management

Question 8

When formulating a search query for retrieving electronic documents,it is important to use

A) the terminology of those who created or indexed the documents.
B) broad, general search terms that are applicable to many occupations.
C) a standard list of queries that can be re-used for many different searches.
D) simple terms that can be understood by almost anyone.

Question 9

The shift from paper to electronic storage has

A) virtually eliminated the cost of data retention.
B) shifted the cost from the cost of physical storage space to the cost of data storage technology
C) eliminated the need for data storage facilities.
D) reduced the number of documents that need to be stored.

Question 10

A Boolean search may not yield the desired result because

A) this type of search does not allow the use of connector words within the query.
B) only a limited number of keywords may be used.
C) the searcher was not familiar with terminology used by an industry of profession.
D) the searcher cannot use more than one keyword within a query.

Question 11

Cloud-based e-discovery rather than on-premise software can result in

A) lower costs.
B) unpredictable "spikes" in expenses.
C) more time required for training.
D) less flexibility.

Question 12

In e-discovery,how are interrogatories used to help prepare for depositions?

A) Interrogatories tell the opposing party where and when the depositions will occur.
B) All of the necessary questions can be asked in interrogatories, making a deposition unnecessary.
C) Interrogatories may be asked in-person, before written questions are submitted in the deposition.
D) A party can be asked to identify persons who are responsible for electronic documents.

Question 13

A public cloud should not be used for e-discovery because

A) cloud-based document management is never secure.
B) control over a client's data cannot be guaranteed in a public cloud.
C) a public cloud is deployed by a company behind a firewall.
D) a public cloud does not use shared hardware and software.

Question 14

In e-discovery,the legal team should proceed

A) with only a consideration of their client's perspective.
B) after trying to understand the perspective of each party to the litigation.
C) with a focus on understanding only parties in a situation similar to their client's.
D) as if the opposing party expected litigation and is prepared to fight.

Question 15

A __________ deposition is of a person from an organization who has knowledge of the production and data storage.

A) Rule 26
B) Rule 16
C) Rule 30
D) none of the above

Question 16

A computer forensics expert can obtain information about data that has been modified or deleted by looking at

A) corporate emails
B) document hard copies
C) electronic back up copies
D) document metadata

Question 17

What is the ultimate goal of the Electronic Discovery Reference Model?

A) reduce the total number of items, and extract the relevant ones.
B) increase the total amount of information available to the legal team.
C) reduce the amount of information available to the opposing side.
D) increase the expense of e-discovery for the opposing side.

Question 18

Courts have held that the routine destruction of documents by a business

A) is legally permitted because of space and economic considerations.
B) is never permitted because of the potential for litigation.
C) is unusual because of the expense of destroying documents regularly.
D) is always an excuse for deliberately destroying documents.

Question 19

Rule 37 provides a "safe haven" from sanctions where a party has destroyed documents as part of a

A) thorough process of regular data destruction.
B) random selection of documents in a scheduled destruction program.
C) routine, good-faith operation of an electronic information system.
D) confidential program of information retention.

Question 20

If a smaller law firm does not have sufficient in-house personnel to handle a high volume of e-discovery,they can solve this problem by A.converting all of the electronic documents into paper form.
B)using delay tactics to extend the length of the discovery period.
C)hiring an outside consulting firm to assist with the process.
D)reviewing only a select portion of the documents produced.

Question 21

The collection process may require retaining outside professionals who are experienced in the techniques of searching databases.

Question 22

Discovery of documents usually starts with ____________ seeking information not only about current documents,but also about the party's retention policies and the items or types of items that may have been destroyed.

Question 23

The Electronic Discovery _________ Model provides a model for effective e-discovery procedures.

Question 24

Steps should be taken to ensure that evidence is properly collected and preserved.

Question 25

Document _________ policies that provide for the periodic or routine destruction of stored information are not permissible.

Question 26

Locating information begins with a good understanding of the location and types of documents needed.

Question 27

Metadata does not change regardless of the number of times a document is opened.

Question 28

A forensic expert may be able to examine a hard drive or other media and determine if changes or deletions were made.

Question 29

Document retention policies that provide for the periodic or routine destruction of stored information are not permissible.

Question 30

Defragmenting is the testing of a search query by running it against a limited set of documents to measure the accuracy of the response to the search query.

Question 31

The collection phase is the part of e-discovery that involves finding and obtaining electronically stored information for review and analysis.

Question 32

In an algebraic search,a mathematical model is created to retrieve documents based on the proximity of certain words to others.

Question 33

The Electronic Discovery Reference Model (EDRM)provides a model for effective e-discovery procedures.

Question 34

The most familiar method used for constructing a search query is the algebraic model.

Question 35

During the identification phase of e-discovery,it is necessary to determine the location of ESI and the costs of retrieval.

Question 36

The initial step in the discovery process is the review of documents for privilege.

Question 37

The discovery of electronically stored information relies primarily on the human element in retrieving data.

Question 38

Finding information on a computer,database,or a website usually requires a search _______,or a set of parameters that can narrow the data down to the relevant material.

Question 39

Finding information on a computer,database,or a website usually requires a search query,or a set of parameters that can narrow the data down to the relevant material.

Question 40

During the _______ phase of e-discovery,it is necessary to determine the location of ESI and the costs of retrieval.

Question 41

____________ is the testing of a search query by running it against a limited set of documents to measure the accuracy of the response to the search query.

Question 42

Describe the role of a forensic examiner in e-discovery.

Question 43

The most familiar method used for constructing a search query is the _______ model

Question 44

In response to a request for production,Synchromotive provided Kate's litigation team with a portable hard drive containing copies of thousands of electronic documents from Synchromotive's archives.Among these documents,the team must find documents that show that Synchromotive's development of their Speedex device occurred subsequent to Electro Tech's development of the Accelerex device.Most of the documents on the drive are about topics that have nothing to do with the Speedex development,and are not organized or identified in any coherent or useful way.What techniques can Kate's team use to search the drive for the documents they need? How should they prepare themselves for the search?

Question 45

Describe the methods used to identify relevant information in e-discovery.

Question 46

A _______ is a written record showing the identity of everyone accessing evidence and showing that the evidence was not altered while in their possession.

Question 47

A _________ expert may be able to examine a hard drive or other media and determine if changes or deletions were made.

Question 48

Define the phrase "search query" in the context of e-discovery.

Question 49

Synchromotive,Inc.has now filed a lawsuit against Kate Sandberg's client,Electro Tech,for patent infringement in federal district court.The parties are now moving ahead with the e-discovery process.Kate will need to obtain all of Synchromotive's documentation about the development of the Speedex device; but she has very little information about how and where these records are maintained by the plaintiff,and who is responsible for them.What tools are available under the federal rules for identifying and locating documents among a defendant's records? How should these tools be crafted to make sure all necessary records are identified and located?

Question 50

A __________ deposition is of a person from an organization who has knowledge of the production and data storage.

Question 51

How can a company or organization prepare for the e-discovery process even before litigation occurs? What rules have courts created that allow for this step in the process?

Question 52

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