Question 1

Which of the following is NOT one of the ways that records can be obtained according to the Stored Communications Act?&#10;A) subpoena&#10;B) subpoena with previous notice&#10;C) search warrant with previous notice&#10;D) court order

Accepted Answer

The Stored Communications Act allows records to be obtained through a subpoena, a subpoena with previous notice, or a court order. However, a search warrant with previous notice is not one of the ways records can be obtained.

Question 2

Which of the following is the main form of requesting discovery in civil cases?&#10;A) RFA&#10;B) RFP&#10;C) bill of particulars&#10;D) meet and confer

Accepted Answer

The main form of requesting discovery in civil cases is through a Request for Production (RFP). RFA (Request for Admissions) is another type of discovery, but it is not the main form. A bill of particulars is a document that provides details about the claims or defenses in a case, but it is not a type of discovery request. Meet and confer is a process of discussing discovery issues, but it is not a form of requesting discovery.

Question 3

What is the criminal counterpart to the interrogatory used in civil cases?&#10;A) bill of particulars&#10;B) RFA&#10;C) meet and confer&#10;D) RFP

Accepted Answer

The criminal counterpart to the interrogatory used in civil cases is a bill of particulars, which sets forth in greater detail the charges against the defendant.

Question 4

Which of the following is a component of project management plans that gauge how much time is needed to process and review certain quantities of e-discovery?&#10;A) sampling&#10;B) inventory&#10;C) metrics&#10;D) discovery logs

Accepted Answer

Metrics are used in project management plans to measure certain aspects of the project, including time needed to process and review e-discovery. Sampling, inventory, and discovery logs may be related to e-discovery, but they do not specifically measure time or serve as a component of project management plans.

Question 5

Department of Transportation webcam and traffic-monitoring data can usually be requested via which of the following?&#10;A) subpoena&#10;B) FERC&#10;C) FOIA&#10;D) legal hold

Accepted Answer

FOIA (Freedom of Information Act) allows individuals to request access to federal agency records, including data from the Department of Transportation's webcams and traffic monitoring. A subpoena and legal hold refer to legal orders in a specific case, and FERC (Federal Energy Regulatory Commission) does not have jurisdiction over traffic monitoring data.

Question 6

For security reasons, Internet access is never allowed during trial presentation.

Accepted Answer

Internet access can be allowed during trial presentations for various purposes, such as accessing online documents or databases, presenting evidence stored in the cloud, or enabling remote participation. However, its use may be strictly controlled by the court to ensure security and integrity.

Question 7

In a civil case, which of the following seeks to resolve all or part of the case?&#10;A) dispositive motion&#10;B) subpoena duces tecum&#10;C) motion to dismiss&#10;D) motion to quash

Accepted Answer

A dispositive motion seeks to resolve all or part of a civil case by asking the court to make a final ruling on the merits of the case, including a motion for summary judgment, motion to dismiss for failure to state a claim, or motion to dismiss for lack of jurisdiction. A subpoena duces tecum is a type of subpoena that requires the production of specific documents or materials in a legal case. A motion to dismiss seeks to dismiss a case entirely, while a motion to quash seeks to invalidate a subpoena.

Question 8

A cases's basis is more likely to contract than expand as investigation and discovery yield more information.

Accepted Answer

As investigation and discovery proceed, they often uncover more information, leading to the expansion of a case's basis by adding details, evidence, or even new claims or defenses.

Question 9

Which of the following tasks does NOT typically fit into the first half of the EDRM cycle?&#10;A) investigation&#10;B) litigation&#10;C) preservation&#10;D) collection

Accepted Answer

Litigation is typically the last stage of the EDRM cycle, after data has been collected, processed, reviewed, and produced. The first half of the EDRM cycle typically includes tasks such as preservation, collection, and investigation.

Question 10

Once case issues exceed 8 or 10 in number, review staff can't organize large volumes of discovery correctly or consistently.

Accepted Answer

Review staff can organize large volumes of discovery correctly and consistently using various tools and methodologies, such as electronic discovery software, which are designed to handle and organize large volumes of data efficiently.

Question 11

An order to preserve data in anticipation of litigation can be referred to as which of the following?&#10;A) suspension order&#10;B) request for admission&#10;C) interrogatory&#10;D) dispositive motion

Accepted Answer

The answer of An order to preserve data in anticipation...

Question 12

In criminal cases, a motion for discovery is the counterpart to an RFP in civil cases.

Accepted Answer

The answer of In criminal cases, a motion for discovery...

Question 13

Which of the following is intended to reveal potential disputes on schedules and discovery, such as adequacy of production?&#10;A) request for production&#10;B) legal hold&#10;C) subpoena duces tecum&#10;D) meet and confer

Accepted Answer

The answer of Which of the following is intended to...

Question 14

Which of the following is usually issued right after the preservation letter?&#10;A) interrogatories&#10;B) RFP&#10;C) RFA&#10;D) legal hold

Accepted Answer

The answer of Which of the following is usually issued...

Question 15

What type of discovery might show innocence in a criminal trial?&#10;A) proportional&#10;B) warrantless&#10;C) dispositive&#10;D) exculpatory

Accepted Answer

The answer of What type of discovery might show innocence...

Question 16

Legal holds are usually used in criminal cases rather than in civil cases.

Accepted Answer

The answer of Legal holds are usually used in criminal...

Question 17

What is typically added to the filename of audio and video files by the producing party?&#10;A) encryption codes&#10;B) Bates numbers&#10;C) file extension&#10;D) timestamp

Accepted Answer

The answer of What is typically added to the filename...

Question 18

What often accompanies video surveillance when sound isn't captured?&#10;A) native discovery files&#10;B) sampling&#10;C) voice recognition&#10;D) activity transcripts

Accepted Answer

The answer of What often accompanies video surveillance when sound...

Question 19

Under which act can deliberate destruction of evidence in a civil case result in criminal prosecution?&#10;A) Jencks&#10;B) Sarbanes-Oxley&#10;C) FOIA&#10;D) FRCrP 16

Accepted Answer

The answer of Under which act can deliberate destruction of...

Question 20

Which of the following is NOT typically included in a preservation letter in a civil case?&#10;A) locations of possible data&#10;B) possible types of relevant data&#10;C) list of deleted files or data&#10;D) list of key custodians

Accepted Answer

The answer of Which of the following is NOT typically...

Question 21

Match between columns&#10;                        Premises: an order to preserve data in anticipation of litigation&#10;an order to preserve data in anticipation of litigation&#10;an order to preserve data in anticipation of litigation&#10;an order to preserve data in anticipation of litigation&#10;an order to preserve data in anticipation of litigation&#10;an order to preserve data in anticipation of litigation&#10;an order to preserve data in anticipation of litigation&#10;an order to preserve data in anticipation of litigation&#10;an order to preserve data in anticipation of litigation&#10;an order to preserve data in anticipation of litigation

Accepted Answer

The Answer of motion to compel and authority lists and is...

Question 22

In civil cases, the main reason for a requesting party to issue a ___________ letter is to lay the foundation for sanctions in case of spoliation.

Accepted Answer

The answer of In civil cases, the main reason for...

Question 23

Bates numbers are typically used as identifiers for which of the following in a database?&#10;A) key fields&#10;B) authority lists&#10;C) indexes&#10;D) access rights

Accepted Answer

The answer of Bates numbers are typically used as identifiers...

Question 24

Match between columns&#10;                        Premises: the process of organizing documents and attachments&#10;the process of organizing documents and attachments&#10;the process of organizing documents and attachments&#10;the process of organizing documents and attachments&#10;the process of organizing documents and attachments&#10;the process of organizing documents and attachments&#10;the process of organizing documents and attachments&#10;the process of organizing documents and attachments&#10;the process of organizing documents and attachments&#10;the process of organizing documents and attachments

Accepted Answer

The Answer of motion to compel and authority lists and is...

Question 25

Match between columns&#10;                        Premises: evidence other than testimony intended to clarify case facts&#10;evidence other than testimony intended to clarify case facts&#10;evidence other than testimony intended to clarify case facts&#10;evidence other than testimony intended to clarify case facts&#10;evidence other than testimony intended to clarify case facts&#10;evidence other than testimony intended to clarify case facts&#10;evidence other than testimony intended to clarify case facts&#10;evidence other than testimony intended to clarify case facts&#10;evidence other than testimony intended to clarify case facts&#10;evidence other than testimony intended to clarify case facts

Accepted Answer

The Answer of motion to compel and authority lists and is...

Question 26

Match between columns&#10;                        Premises: the process of limiting the burden of discovery by weighing it against its likely benefits&#10;the process of limiting the burden of discovery by weighing it against its likely benefits&#10;the process of limiting the burden of discovery by weighing it against its likely benefits&#10;the process of limiting the burden of discovery by weighing it against its likely benefits&#10;the process of limiting the burden of discovery by weighing it against its likely benefits&#10;the process of limiting the burden of discovery by weighing it against its likely benefits&#10;the process of limiting the burden of discovery by weighing it against its likely benefits&#10;the process of limiting the burden of discovery by weighing it against its likely benefits&#10;the process of limiting the burden of discovery by weighing it against its likely benefits&#10;the process of limiting the burden of discovery by weighing it against its likely benefits

Accepted Answer

The Answer of motion to compel and authority lists and is...

Question 27

Match between columns&#10;                        Premises: a legal procedure used to reject, invalidate, or suppress evidence&#10;a legal procedure used to reject, invalidate, or suppress evidence&#10;a legal procedure used to reject, invalidate, or suppress evidence&#10;a legal procedure used to reject, invalidate, or suppress evidence&#10;a legal procedure used to reject, invalidate, or suppress evidence&#10;a legal procedure used to reject, invalidate, or suppress evidence&#10;a legal procedure used to reject, invalidate, or suppress evidence&#10;a legal procedure used to reject, invalidate, or suppress evidence&#10;a legal procedure used to reject, invalidate, or suppress evidence&#10;a legal procedure used to reject, invalidate, or suppress evidence

Accepted Answer

The Answer of motion to compel and authority lists and is...

Question 28

Match between columns&#10;                        Premises: the process of standardizing data formats&#10;the process of standardizing data formats&#10;the process of standardizing data formats&#10;the process of standardizing data formats&#10;the process of standardizing data formats&#10;the process of standardizing data formats&#10;the process of standardizing data formats&#10;the process of standardizing data formats&#10;the process of standardizing data formats&#10;the process of standardizing data formats

Accepted Answer

The Answer of motion to compel and authority lists and is...

Question 29

Match between columns&#10;                        Premises: the process of reviewing discovery to find evidence related to case issues&#10;the process of reviewing discovery to find evidence related to case issues&#10;the process of reviewing discovery to find evidence related to case issues&#10;the process of reviewing discovery to find evidence related to case issues&#10;the process of reviewing discovery to find evidence related to case issues&#10;the process of reviewing discovery to find evidence related to case issues&#10;the process of reviewing discovery to find evidence related to case issues&#10;the process of reviewing discovery to find evidence related to case issues&#10;the process of reviewing discovery to find evidence related to case issues&#10;the process of reviewing discovery to find evidence related to case issues

Accepted Answer

The Answer of motion to compel and authority lists and is...

Question 30

Before filing a _____________ in a civil case, a preliminary investigation should reveal some of the factual foundation for the litigation.

Accepted Answer

The answer of Before filing a _____________ in a civil...

Question 31

A ____________ is a command for a person to appear to give testimony.

Accepted Answer

The answer of A ____________ is a command for a...

Question 32

____________ transcripts log timestamps of important surveillance activities instead of the spoken word.

Accepted Answer

The answer of ____________ transcripts log timestamps of important surveillance...

Question 33

___________ control in exhibit organization involves comparisons to make sure the same trial exhibits are in the review platform and the trial presentation tool.

Accepted Answer

The answer of ___________ control in exhibit organization involves comparisons...

Question 34

Which of the following includes organizing evidence by issue, case strategy, and relevant case law and can encompass attorney analysis and conclusion notes?&#10;A) metrics review&#10;B) objective coding&#10;C) quality assurance&#10;D) fact-finding

Accepted Answer

The answer of Which of the following includes organizing evidence...

Question 35

What might be the result of inadequately addressing formatting and other production concerns during the meet and confer?&#10;A) motion to quash&#10;B) summary judgment&#10;C) motion to compel&#10;D) subpoena with previous notice

Accepted Answer

The answer of What might be the result of inadequately...

Question 36

Match between columns&#10;                        Premises: same as a legal hold but typically used between opposing counsel&#10;same as a legal hold but typically used between opposing counsel&#10;same as a legal hold but typically used between opposing counsel&#10;same as a legal hold but typically used between opposing counsel&#10;same as a legal hold but typically used between opposing counsel&#10;same as a legal hold but typically used between opposing counsel&#10;same as a legal hold but typically used between opposing counsel&#10;same as a legal hold but typically used between opposing counsel&#10;same as a legal hold but typically used between opposing counsel&#10;same as a legal hold but typically used between opposing counsel

Accepted Answer

The Answer of motion to compel and authority lists and is...

Question 37

Match between columns&#10;                        Premises: created for use in databases to improve accuracy and consistency of document coding&#10;created for use in databases to improve accuracy and consistency of document coding&#10;created for use in databases to improve accuracy and consistency of document coding&#10;created for use in databases to improve accuracy and consistency of document coding&#10;created for use in databases to improve accuracy and consistency of document coding&#10;created for use in databases to improve accuracy and consistency of document coding&#10;created for use in databases to improve accuracy and consistency of document coding&#10;created for use in databases to improve accuracy and consistency of document coding&#10;created for use in databases to improve accuracy and consistency of document coding&#10;created for use in databases to improve accuracy and consistency of document coding

Accepted Answer

The Answer of motion to compel and authority lists and is...

Question 38

Match between columns&#10;                        Premises: a form of legal pleading used to force the opposition to produce evidence previously requested but not delivered&#10;a form of legal pleading used to force the opposition to produce evidence previously requested but not delivered&#10;a form of legal pleading used to force the opposition to produce evidence previously requested but not delivered&#10;a form of legal pleading used to force the opposition to produce evidence previously requested but not delivered&#10;a form of legal pleading used to force the opposition to produce evidence previously requested but not delivered&#10;a form of legal pleading used to force the opposition to produce evidence previously requested but not delivered&#10;a form of legal pleading used to force the opposition to produce evidence previously requested but not delivered&#10;a form of legal pleading used to force the opposition to produce evidence previously requested but not delivered&#10;a form of legal pleading used to force the opposition to produce evidence previously requested but not delivered&#10;a form of legal pleading used to force the opposition to produce evidence previously requested but not delivered

Accepted Answer

The Answer of motion to compel and authority lists and is...

Question 39

What must be done to certain types of data in a database so that there is a consistent syntax that allows accurate field searching or sorting?&#10;A) normalization&#10;B) metrics analysis&#10;C) unitization&#10;D) subjective coding

Accepted Answer

The answer of What must be done to certain types...

Question 40

What should you have available to help the judge understand the technology you are using during trial presentation?&#10;A) normalizations&#10;B) authority lists&#10;C) depositions&#10;D) demonstratives

Accepted Answer

The answer of What should you have available to help...

Question 41

What role do vendors often play in the e-discovery process?

Accepted Answer

The answer of What role do vendors often play in...

Question 42

When are preliminary case issues and strategies usually formed?

Accepted Answer

The answer of When are preliminary case issues and strategies...

Question 43

What is an interrogatory and where in the litigation process are they typically issued? What is the criminal counterpart to an interrogatory?

Accepted Answer

The answer of What is an interrogatory and where in...

Question 44

What is the purpose of a legal hold and preservation letter and when should these be issued?

Accepted Answer

The answer of What is the purpose of a legal...

Question 45

What is proportionality and when does it typically apply?

Accepted Answer

The answer of What is proportionality and when does it...

Question 46

What should be done before filing a complaint in any litigation? Describe the process.

Accepted Answer

The answer of What should be done before filing a...

Question 47

List the five ways records can be obtained ad defined in the Stored Communications Act.

Accepted Answer

The answer of List the five ways records can be...

Question 48

What does document coding involve and how does normalization play a part?

Accepted Answer

The answer of What does document coding involve and how...

Question 49

What are the sampling and metrics components of a project management plan?

Accepted Answer

The answer of What are the sampling and metrics components...

Question 50

What is fact-finding and when is fact-finding carried out during the litigation process?

Accepted Answer

The answer of What is fact-finding and when is fact-finding...

Deck 6: Case Study From Beginning to Trial