Deck 9: Discovery: Document Production and Control, Medical Exams, Admissions

Question 1

Produced documents belonging to the same category should be stapled together.

Answer 1

False

Question 2

Classifications of documents should be set out before production begins.

Answer 2

True

Question 3

A party may request an admission that a certain piece of evidence is genuine. ​

Answer 3

True

Question 4

In large-volume cases, sophisticated data filtering programs employed by vendors can substantially reduce the volume of captured data, but not the cost of producing the requested data.

Question 5

Document production may be accomplished by exchange of a CD-ROM.

Question 6

A very important aspect of document control is maintaining indexes.

Question 7

A medical records librarian is a good source for interpreting doctors' orders.

Question 8

Original documents should be returned to their custodian as soon as they are copied.

Question 9

The ABA's Legal Technology Advisory Council is set up to help firms handle large volumes of documents.

Question 10

The parties can agree, without involving the court, to extend the date previously established for completing discovery.

Question 11

Federal Rule 37 covers requests for medical examinations.

Question 12

Document production should be coordinated with the custodian of the documents.

Question 13

Computerization of document production is prohibitively expensive.

Question 14

Failure to organize documents can mean the loss of the case.

Question 15

Discovery of documents is available only through the device of document production.

Question 16

The cost of complying with a request to produce documents and things in the federal system is generally borne by the requesting party.

Question 17

The sensible approach for "pulling" or capturing e-data includes getting a mirror image of the data on each pertinent person's personal computer.

Question 18

An original source log is most helpful when returning documents to their custodians at the end of a case.

Question 19

A uniform decimal system is best for numbering documents in small cases.

Question 20

Paralegals should not accompany clients to medical exams.

Question 21

The destruction or loss of evidence, including the failure to preserve it, defines ​

A) ​ spoliation.
B) ​ the essence of ethics standard 1-1.
C) ​ document retention policy.
D) ​ litigation hold.

Question 22

For a medical exam to be ordered, the alleged condition must be in controversy.

Question 23

According to the cost hierarchy, the most expensive data to produce is ​

A) ​ replicant data.
B) ​ metadata.
C) ​ residual data.
D) ​ active data.

Question 24

If the opponent refuses to undergo a medical exam, the requesting party has no recourse.

Question 25

Identifying responsive documents, numbering and coding documents, and identifying documents with privileged information are all objectives of ​

A) ​ screening pulled documents.
B) ​ securing pulled documents.
C) capturing paper and e-documents. ​
D) ​ a litigation hold.

Question 26

In the document production context, the phrase "in which it is ordinarily maintained or that is reasonably usable" refers to the form of ​

A) ​ paper document production.
B) ​ the production plan.
C) ​ entry onto land.
D) ​ electronically stored information.

Question 27

An item that a paralegal would not include in the plan for the production of documents and things is the ​

A) ​ expertise level needed.
B) ​ team members.
C) ​ attorney who should be assigned the case.
D) ​ quality control needed.

Question 28

A request for a medical examination does not require the party to undergo the exam.

Question 29

The purpose of document production is to ​

A) confuse the opponent with a mass of paper. ​
B) ​ provide the opponent an opportunity to review documents.
C) ​ prevent the opponent's access to documents.
D) ​ complete all case paperwork before trial.

Question 30

Unless otherwise agreed or ordered, documents shall be produced either as they are kept in the ordinary course of business or according to the ​

A) ​ cost hierarchy of production.
B) request's categories. ​
C) ​ chronology in which it is located.
D) ​ dictates of the tech expert.

Question 31

Protective orders may allow a party not to answer interrogatories.

Question 32

When capturing data, your source log should include ​

A) a list of objectives. ​
B) ​ how data is secured.
C) ​ a topical master list.
D) ​ the method of capture.

Question 33

The production of documents and things is not the proper discovery device to gain access to ​

A) ​ writings and drawings of the other party.
B) ​ computer data compilations of the other party.
C) ​ entry to land of a non-party.
D) ​ samples of tangible things held by the other party.

Question 34

Production of electronic data may require the assistance of ​

A) ​ an electrician.
B) ​ a forensic software analyst.
C) ​ a motion for electronic inventory.
D) ​ anyone who can do computerized word processing.

Question 35

If the form for producing e-stored information is not indicated in the request, the responding party must ​

A) ​ submit a request for that information.
B) ​ state in which form it intends to produce the information.
C) exclude that information from production. ​
D) ​ ask the court for a protective order.

Question 36

Failure to cooperate with discovery may result in criminal charges.

Question 37

The imaging process ​

A) converts paper documents to e-documents. ​
B) ​ is best for small case files.
C) ​ authorizes the court to compel a medical exam.
D) ​ is essential to e-document security.

Question 38

Often the best source for determining the location of documents is the ​

A) paralegal. ​
B) ​ client.
C) ​ attorney.
D) ​ corporate president.

Question 39

The billing section of a small case file should include the client's medical bills related to the case.

Question 40

The most significant index to be prepared is the _____ index. ​

A) ​ master
B) ​ privileged information
C) ​ product
D) ​ chronological

Question 41

A request for admission seeks to ​

A) ​ discover new evidence.
B) ​ narrow the issues for trial.
C) ​ confirm that previously discovered information is admissible.
D) ​ have the case dismissed.

Question 42

One party may request the other party to undergo a physical or mental exam under Federal Rule ​

A) 30. ​
B) ​ 35.
C) ​ 37.
D) ​ 26.

Question 43

When copying documents for production, you should ​

A) ​ staple copies if originals were stapled.
B) ​ copy only the pertinent pages of large documents.
C) ​ keep any poor copies for use as scratch paper.
D) ​ take copies for the case file and return originals to the custodian.

Question 44

When preparing for the actual examination of your client's documents, it is professionally courteous to ​

A) ​ disclose work product information.
B) ​ impede access to data.
C) ​ leave the examining party with the documents.
D) ​ notify the opponent about any foreign language documents.

Question 45

The Freedom of Information Act allows access to ​

A) classified national defense documents. ​
B) ​ information not relevant to the case for which the request is made.
C) ​ trade secrets.
D) ​ geological information on oil wells.

Question 46

A directive that permits a jury to infer that information lost due to breach of the duty to preserve was damaging to the responsible party's case is a(n) _____ instruction. ​

A) inadvertent loss. ​
B) ​ negligence.
C) ​ spoliation.
D) ​ adverse jury.

Question 47

A response to a request for admission must be made in _____ days. ​

A) ​ ten
B) twenty ​
C) ​ sixty
D) thirty ​

Question 48

Compelling discovery is covered in detail in Federal Rule ​

A) ​ 23.
B) ​ 26.
C) ​ 34.
D) ​ 37.

Question 49

At the examination of the documents, you do not need to ​

A) copy each document chosen by the opponent. ​
B) ​ copy each privileged document chosen by the opponent.
C) ​ make an index of chosen documents.
D) ​ arrange the documents to be examined according to the opponent's request.

Question 50

In planning document production, you need to consider ​

A) ​ access to the courthouse.
B) ​ preparation of witnesses.
C) ​ clarity of answers.
D) ​ work space.

Question 51

If documents are properly identified and indexed, locating them requires ​

A) ​ a thorough search of all file boxes.
B) a search of computer files. ​
C) ​ the number of the document.
D) ​ the assistance of a forensic software analyst.

Question 52

The most expensive stage of e-discovery is _____ e-information. ​

A) planning the production of ​
B) ​ examining produced
C) ​ producing
D) ​ capturing

Question 53

When reviewing technical documents, it is best to ​

A) disregard them because the jury will not understand them. ​
B) ​ create a glossary of technical terms raised in a particular case.
C) ​ assume all abbreviations are standardized in any particular field.
D) ​ rely on your common sense to translate them.

Question 54

The first step of a Freedom of Information Act search is to ​

A) find forms at the Internet site of the applicable agency. ​
B) ​ submit an FOIA notice to the court.
C) ​ request permission from your congressional representative.
D) ​ have both sides stipulate to the search.

Question 55

At the close of the case, copies of documents should be ​

A) ​ returned with original documents.
B) ​ kept in the case file.
C) ​ destroyed.
D) ​ kept in a computer file.

Question 56

One item that is not an important security measure is ​

A) limiting access to stored evidence to prevent a break in the chain of custody. ​
B) ​ redaction of privileged and privacy information.
C) ​ computer screensavers.
D) computer access shut-offs. ​

Question 57

An order obtained by the court that prevents a party from obtaining specified information in discovery is called a _____ order. ​

A) ​ screen
B) ​ protective
C) ​ dismissal
D) ​ compliance

Question 58

A request for admission is a request for ​

A) ​ factual information, leads to evidence, and the location of documents.
B) ​ the opponent's description of facts, documents, or physical evidence.
C) ​ the opponent's confirmation of the truthfulness and accuracy of facts, opinions, or the application of law to facts.
D) ​ a statement of the opponent's responsibility for injuries.

Question 59

When photocopying documents, remember that poor copies should be ​

A) ​ kept in an "extras" copy file.
B) placed behind the original document. ​
C) ​ thrown away.
D) ​ destroyed.

Question 60

During production, privileged documents should be ​

A) hidden. ​
B) ​ carefully identified.
C) ​ kept accessible to all parties.
D) ​ destroyed.

Question 61

In addition to meeting with the client, the client's technology manager, and key personnel, list three other methods for locating paper and e-stored information and working with its custodians in response to a production request.

Question 62

At the close of the case, what should be done with original documents? Indexes? Copies of documents?

Question 64

When you screen files and documents for production, what three tasks must you do?

Question 65

When preparing a request for production, it is essential that the requesting paralegal consider for each potential item the opponent's cost to produce it and what other item?

Question 66

The fact section of a small case file should include ​

A) the complaint. ​
B) ​ medical bills.
C) ​ records of witness fees.
D) ​ letters from the client.

Question 67

What are the three major steps to protecting a client from sanctions related to failure to preserve evidence? ​

Question 68

A party may not take usable information, including e-information, and produce it in what form?

Question 70

How does a uniform decimal system of numbering documents work?

Question 71

How should you handle privileged documents during production?

Question 72

What are the advantages in using the Freedom of Information Act for discovery?

Question 74

What security precautions need to be taken in computer document control?

Question 75

What entity of the ABA tests software for law offices and can provide assistance in choosing a program?

Question 76

Name three helpful resources for interpreting documents.

Question 77

List the four primary steps for the production of documents and things in response to a request to produce.

Question 80

Large case files usually ​

A) ​ have to be organized by different methods for each case.
B) ​ are no more complex than small case files.
C) ​ do not need indices if they are organized properly.
D) ​ are divided and subdivided numerically.