Deck 7: Electronic Discovery

Question 1

It is easy to alter an electronic document.

Answer 1

True

Question 2

ESI can come from computers and:

A)network drives and servers
B)electronic storage devices
C)cell phones
D)voice mail
E)All answers are correct.

Answer 2

E

Question 3

The PDF image format can associate metadata.

Answer 3

True

Question 4

Information about a document, such as the precise time the document was created, accessed, modified, and copied, is known as:

A)metadata
B)infodata
C)technodata
D)administrative records
E)back-office data

Question 5

ESI can replicate itself without the user realizing it.

Question 6

Document production is a crucial aspect of discovery because documents can:

A)establish facts and timelines
B)support conclusions
C)reveal complex ideas
D)support inferences that are vital to any litigation
E)All answers are correct.

Question 7

Harvesting data refers to the process of deleting record duplicates.

Question 8

The Federal Rules of Civil Procedure make it mandatory for the parties to disclose the existence and location of ESI even before they receive discovery requests.

Question 9

Spoliation is always intentional.

Question 10

When you use the "delete" key to get rid of a file on a computer, the file is immediately permanently erased from the hard drive.

Question 11

Some courts have found that parties are entitled to the metadata that goes with ESI when they are produced.

Question 12

It is relatively easy to destroy an electronic document.

Question 13

The process of searching and culling data to find relevant information is called data filtering.

Question 14

Today, most "documents" are created in an electronic format.

Question 15

All courts hold that the production of hard-copy documents when electronic versions are available is acceptable.

Question 16

A user can alter a document's metadata by simply opening or copying the document.

Question 17

A preservation letter should be sent to the client early in the process, even before an actual case is filed.

Question 18

The Federal Rules of Civil Procedure allow the requester, at least initially, to specify the form in which the ESI is to be produced.

Question 19

TIFF image format is a form of native format.

Question 20

The Federal Rules of Civil Procedure state that ESI must be discussed between the parties:

A)before the lawsuit is filed
B)as soon as practicable
C)only during formal meetings such as the meet and confer session
D)in the courtroom
E)only when the legal dispute centers on some form of ESI

Question 21

A(n) litigation is designed to prevent the destruction of evidence, including ESI and metadata, during:

A)request for the production of documents
B)subpoena duces tecum
C)subpoena for a deposition
D)litigation hold
E)e-filing

Question 22

The Federal Rules of Civil Procedure state that a producing party has to produce information in:

A)only one form
B)both electronic and hard-copy forms
C)as many forms as identified by the requesting party
D)at least three forms
E)no more than two forms

Question 23

Which of these terms refers to an associated file structure as defined by the original creating application?

A)Fixed format
B)Image format
C)PDF format
D)Native format
E)Compatible format

Question 24

The destruction or alteration of relevant documents or other evidence in litigation is called:

A)clawback
B)spoliation
C)de-duplication
D)harvesting data
E)data filtering

Question 25

What is the native format of a Microsoft Word 2010 file?

A)-jpg
B)-pdf
C)-mp3
D)-doc
E)-docx

Question 26

The provision covers inadvertent routine deletion of ESI such as emails to create additional space.

A)clawback
B)redaction
C)recovery
D)legacy
E)safe harbor

Question 27

The process of testing a database to see if it contains information relevant to the subject matter of the case is called:

A)content review
B)case management
C)sampling data
D)monitoring metadata
E)litigation support

Question 28

The provision provides a process for a producing party to recover information that was inadvertently produced when it was in fact privileged.

A)clawback
B)redaction
C)recovery
D)legacy
E)safe harbor