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A series of multiple choice questions and answers related to e-discovery, a crucial aspect of legal proceedings involving electronic data. The questions cover various aspects of e-discovery, including data preservation, collection, review, and production. Insights into the legal and practical considerations involved in managing electronic evidence in legal cases.
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After your legal team requested from the opposing party 25 of its employees' e-mails sent or received over the prior decade, the opponent objected to the request, stating it was overbroad, not proportional and unduly burdensome. Of the following, what is the strongest argument to defend your team's request? A. Email is Electronically Stored Information and is discoverable B. 25 people is a reasonable number of custodians C. IT has tools to export email easily D. Responding party failed to offer evidence in support of its position - ✔✔D An employee is suspected of stealing corporate secrets by downloading files onto his employer's desktop computer, copying the files to a thumb drive, and then taking the thumb drive home. What is the most effective method to determine whether the employee is stealing? A. Interview the employee. B. Examine the corporate firewall logs. c. Collection and examine the corporate desktop with forensics software. D. Export the mailbox and review the employee's email. - ✔✔C Your corporate client's IT department seeks to recover storage space from its computer servers including a file share where the finance team stores weekly, monthly, quarterly reports. Which of the following is the least important factor in determining whether the file share can be deleted? A. The file share can only be written to by the report writer for the Finance Department which never adds new reports or changes the reports' formats B. Finance reports are generated from a central system whose data are retained permanently
C. The corporate Finance Department does not have "write" access to the finance share D. The finance reports are in PDF, an easily shared format. - ✔✔D As a paralegal in the legal department, you have been asked to arrange for the contents of 30 desktops and 2 servers to be uploaded to a particular litigation support review platform. Before starting to collect the data, what is the first thing you should do? A. Make sure the transfer media is purged of any data B. Call and make an appointment with each custodian C. Investigate the matter's legal issues and prospectively relevant facts to help thoughtfully focus the scope of the data inventory and accumulation D. Arrange to exclude from the uploading process all software system files - ✔✔C You are responsible for supervising the production of responsive, unprivileged documents to the requesting party. But you are called out of town before the review is complete. You should: A. Delegate authority and responsibility to someone who is prepared to and capable of completing the production properly and on time B. Call the case's magistrate judge to ask for an extension of time C. Make sure the team knows the production must go out under any circumstances, even if it includes privileged documents and excludes responsive ones D. Call the service provider and tell them to bypass quality control reviews since algorithms can identify responsive and privileged documents - ✔✔A As outside counsel to a client to whom you render service on an ongoing basis, you are concerned that with respect to a new matter your client may not have time to produce documents that the government properly requested. What should you do? A. Ignore the government's request because the client is responsible for the document production to the government and, as the attorney, you are not
Your best advice to the plaintiff is to: A. Shut down the Facebook account as Facebook can be used as evidence B. Download as much Facebook as possible for preservation and use Facebook sparingly during the trial C. Friend the other spouse on Facebook and download the spouse's material D. Friend the judge in the case so the judge will see the plaintiff as more human - ✔✔B When on the stand, a witness was confronted with an electronic file that had the following characteristics: Create date: 3/16/ Modify date: 1/5/ Access Date: 4/1/ Author: Joe Smith. What can be deduced from the attributes above: A. Joe Smith first created the file on 3/16/ B. Joe Smith accessed the file on 4/1/ C. This file may have been created via move or copy from another location on 3/16/ D. Joe Smith altered the file, and the contents of the file are suspect 10/11 - ✔✔C When using TAR (Technology Assisted Review) one must always begin with a seed set of documents, selected by the senior attorney most familiar with the case, which speak to important topics relevant to the case. A. True B. False C. Answer depends on the situation and the TAR tool used - ✔✔C