Question 1

Which of the following is NOT necessary for effectively managing e-discovery?&#10;A) understanding the process and tools&#10;B) knowing when to bring in the experts&#10;C) merging the IT and medical professions&#10;D) knowing how to select the right experts

Accepted Answer

The idea of merging the IT and medical professions is not relevant to e-discovery management. Understanding the process and tools, knowing when to bring in the experts, and knowing how to select the right experts are all important components of effectively managing e-discovery.

Question 2

Consultants that give testimony are considered expert witnesses.

Accepted Answer

Consultants who give testimony are considered expert witnesses, as they are providing specialized knowledge and expertise in a particular field to assist a legal case.

Question 3

When does the discovery exchange usually begin in a criminal case?&#10;A) before sentencing&#10;B) after an arrest&#10;C) after an indictment&#10;D) before closing arguments

Accepted Answer

Discovery exchange typically begins after an indictment has been issued by a grand jury. In the United States, an indictment is a formal charge of a serious crime, and it is usually required before a criminal case can proceed to trial. Once an indictment has been issued, the defense and prosecution will begin the process of exchanging information and evidence related to the case through the discovery process.

Question 4

E-discovery certifications have been approved and recognized by the ABA.

Accepted Answer

The American Bar Association (ABA) does not approve or recognize specific e-discovery certifications. The ABA provides guidelines and resources on e-discovery but does not endorse specific certifications.

Question 5

What happens to privileged information contained in documents before it is delivered to the requesting party?&#10;A) it is thrown out&#10;B) it is redacted&#10;C) it is cataloged&#10;D) it is highlighted

Accepted Answer

Privileged information is sensitive information that needs to be protected, so it cannot simply be thrown out or highlighted. Instead, the information must be redacted, which means it is edited or blacked out so that it cannot be seen by unauthorized parties. Cataloging may also occur to keep track of where the privileged information is located within the document.

Question 6

Defense attorneys usually have forensic examiners on staff and rarely use consultants.

Accepted Answer

Defense attorneys often use consultants who are experts in a specific area of forensics, such as DNA analysis or ballistics. These consultants can provide specialized knowledge and analysis that may not be available on the defense team.

Question 7

Which party is likely to act in a neutral position between multiple defendants?&#10;A) Prosecution&#10;B) Coordinating attorney&#10;C) Law enforcement agency&#10;D) DOJ discovery coordinator

Accepted Answer

A coordinating attorney is specifically designated to act as a neutral party between multiple defendants. The prosecution, law enforcement agency, and DOJ discovery coordinator all have specific roles and interests in the case, and therefore may not act in a neutral position.

Question 8

What type of software is used to convert word images into searchable text?&#10;A) TIFF&#10;B) Web&#10;C) OCR&#10;D) CAD

Accepted Answer

OCR (Optical Character Recognition) software is used to convert word images into searchable text by analyzing the characters and patterns in the image and translating them into digital text. TIFF is an image format and CAD is a design software, neither of which are used specifically for OCR. Web is also not relevant to this task.

Question 9

Which of the following is likely to give testimony and must be qualified by the court?&#10;A) expert witness&#10;B) consultant&#10;C) discovery coordinator&#10;D) prosecution

Accepted Answer

An expert witness is a person who has specialized knowledge or experience in a particular field and is called upon to testify in a legal proceeding. The court must qualify the individual as an expert witness before they can give their testimony.

Question 10

What is served on an opposing party that asks the party to accept or deny certain facts and reply in writing under oath?&#10;A) request for production&#10;B) request for admission&#10;C) deposition statement&#10;D) discovery request

Accepted Answer

Request for admission is a discovery tool used to ask the opposing party to admit or deny certain facts. The party must reply in writing under oath. A request for production asks for the production of documents or other tangible items. A deposition statement is a transcript of testimony taken under oath. Discovery request is a broad term that encompasses various methods of obtaining information in a legal case.

Question 11

Which form of discovery takes an oral argument from a witness under oath before trial?&#10;A) request for production&#10;B) interrogatory&#10;C) deposition&#10;D) request for admission

Accepted Answer

The answer of Which form of discovery takes an oral...

Question 12

Which term is a written question submitted to another party for the purpose of gathering discovery?&#10;A) evidence&#10;B) interrogatory&#10;C) forensic&#10;D) inquest

Accepted Answer

The answer of Which term is a written question submitted...

Question 13

What are documents assigned when they are produced as a result of a discovery request?&#10;A) serial number&#10;B) ID code&#10;C) Bates number&#10;D) bar code

Accepted Answer

The answer of What are documents assigned when they are...

Question 14

A request for production requires the opposing party to respond verbally under oath.

Accepted Answer

The answer of A request for production requires the opposing...

Question 15

Which of the following would be considered evidence?&#10;A) requests for the production of documents&#10;B) attorney review of relevant materials&#10;C) identification of documents relevant to the case&#10;D) a document introduced that bolsters the defense's case

Accepted Answer

The answer of Which of the following would be considered...

Question 16

In criminal cases, which of the following is a role similar to an e-discovery project manager in civil cases?&#10;A) U.S. Attorney&#10;B) public defender&#10;C) prosecutor&#10;D) discovery attorney

Accepted Answer

The answer of In criminal cases, which of the following...

Question 17

According to recent studies, litigation involving ESI costs considerably less than cases without ESI.

Accepted Answer

The answer of According to recent studies, litigation involving ESI...

Question 18

Which of the following is typically true about e-discovery attorney consultants?&#10;A) has abundant hands-on technical skills&#10;B) usually costs less than an IT consultant&#10;C) is best for tasks like file conversions&#10;D) is best for helping with technical wording in court filings

Accepted Answer

The answer of Which of the following is typically true...

Question 19

What might be issued to potential litigants indicating their requirement to preserve evidence?&#10;A) hold notice&#10;B) subpoena&#10;C) HIPAA request&#10;D) document interrogatory

Accepted Answer

The answer of What might be issued to potential litigants...

Question 20

Where should you look for information that covers how a law firm's e-discovery team, corporate legal department, and vendors interact?&#10;A) EDRM&#10;B) Sedona Conference Guide&#10;C) RFP&#10;D) RFI

Accepted Answer

The answer of Where should you look for information that...

Question 21

Match between columns&#10;                        Premises: people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions&#10;people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions&#10;people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions&#10;people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions&#10;people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions&#10;people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions&#10;people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions&#10;people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions&#10;people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions&#10;people or companies providing a broad range of e-discovery services or advice, from digital forensics and data collection to file conversions

Accepted Answer

The Answer of digital forensics consultants and bill of particulars is...

Question 22

In civil cases, law firms manage e-discovery and present the evidence ______________ to a judge or jury instead of testifying about the analysis of evidence.

Accepted Answer

The answer of In civil cases, law firms manage e-discovery...

Question 23

In a civil case, what can be applied to trade secrets or highly confidential documents to shield them from public view?&#10;A) request for admission&#10;B) protective order&#10;C) litigation hold&#10;D) interrogatory shield

Accepted Answer

The answer of In a civil case, what can be...

Question 24

Match between columns&#10;                        Premises: under FRE 702, a person with special knowledge, experience, training, education, or skills&#10;under FRE 702, a person with special knowledge, experience, training, education, or skills&#10;under FRE 702, a person with special knowledge, experience, training, education, or skills&#10;under FRE 702, a person with special knowledge, experience, training, education, or skills&#10;under FRE 702, a person with special knowledge, experience, training, education, or skills&#10;under FRE 702, a person with special knowledge, experience, training, education, or skills&#10;under FRE 702, a person with special knowledge, experience, training, education, or skills&#10;under FRE 702, a person with special knowledge, experience, training, education, or skills&#10;under FRE 702, a person with special knowledge, experience, training, education, or skills&#10;under FRE 702, a person with special knowledge, experience, training, education, or skills

Accepted Answer

The Answer of digital forensics consultants and bill of particulars is...

Question 25

What type of document search uses wildcards and other methods to allow for variances in spelling and typing mistakes?&#10;A) keyword&#10;B) fuzzy&#10;C) forensic&#10;D) digital

Accepted Answer

The answer of What type of document search uses wildcards...

Question 26

As _________ witnesses, digital forensics examiners are asked for their qualifications before they can testify.

Accepted Answer

The answer of As _________ witnesses, digital forensics examiners are...

Question 27

Match between columns&#10;                        Premises: the process of identifying, locating, securing, and producing information and materials for use in litigation&#10;the process of identifying, locating, securing, and producing information and materials for use in litigation&#10;the process of identifying, locating, securing, and producing information and materials for use in litigation&#10;the process of identifying, locating, securing, and producing information and materials for use in litigation&#10;the process of identifying, locating, securing, and producing information and materials for use in litigation&#10;the process of identifying, locating, securing, and producing information and materials for use in litigation&#10;the process of identifying, locating, securing, and producing information and materials for use in litigation&#10;the process of identifying, locating, securing, and producing information and materials for use in litigation&#10;the process of identifying, locating, securing, and producing information and materials for use in litigation&#10;the process of identifying, locating, securing, and producing information and materials for use in litigation

Accepted Answer

The Answer of digital forensics consultants and bill of particulars is...

Question 28

A special ______________ is often a lawyer or former judge appointed by the court to assist in specific functions in a pending action.

Accepted Answer

The answer of A special ______________ is often a lawyer...

Question 29

Match between columns&#10;                        Premises: a decision rendered by the court, usually before trial, that eliminates an issue in dispute&#10;a decision rendered by the court, usually before trial, that eliminates an issue in dispute&#10;a decision rendered by the court, usually before trial, that eliminates an issue in dispute&#10;a decision rendered by the court, usually before trial, that eliminates an issue in dispute&#10;a decision rendered by the court, usually before trial, that eliminates an issue in dispute&#10;a decision rendered by the court, usually before trial, that eliminates an issue in dispute&#10;a decision rendered by the court, usually before trial, that eliminates an issue in dispute&#10;a decision rendered by the court, usually before trial, that eliminates an issue in dispute&#10;a decision rendered by the court, usually before trial, that eliminates an issue in dispute&#10;a decision rendered by the court, usually before trial, that eliminates an issue in dispute

Accepted Answer

The Answer of digital forensics consultants and bill of particulars is...

Question 30

What do many large corporations require their outside counsel to use to track case outcomes and costs?&#10;A) UTBMS&#10;B) EDRM&#10;C) FRCP&#10;D) IPRO

Accepted Answer

The answer of What do many large corporations require their...

Question 31

A forensics ____________ is a new type of consultant that performs the actual discovery investigation instead of the plaintiff or defendant.

Accepted Answer

The answer of A forensics ____________ is a new type...

Question 32

Match between columns&#10;                        Premises: giving testimony under oath outside court; a key form of discovery&#10;giving testimony under oath outside court; a key form of discovery&#10;giving testimony under oath outside court; a key form of discovery&#10;giving testimony under oath outside court; a key form of discovery&#10;giving testimony under oath outside court; a key form of discovery&#10;giving testimony under oath outside court; a key form of discovery&#10;giving testimony under oath outside court; a key form of discovery&#10;giving testimony under oath outside court; a key form of discovery&#10;giving testimony under oath outside court; a key form of discovery&#10;giving testimony under oath outside court; a key form of discovery

Accepted Answer

The Answer of digital forensics consultants and bill of particulars is...

Question 33

Match between columns&#10;                        Premises: a forensics expert who is neutral to the case and functions as a mediator between parties&#10;a forensics expert who is neutral to the case and functions as a mediator between parties&#10;a forensics expert who is neutral to the case and functions as a mediator between parties&#10;a forensics expert who is neutral to the case and functions as a mediator between parties&#10;a forensics expert who is neutral to the case and functions as a mediator between parties&#10;a forensics expert who is neutral to the case and functions as a mediator between parties&#10;a forensics expert who is neutral to the case and functions as a mediator between parties&#10;a forensics expert who is neutral to the case and functions as a mediator between parties&#10;a forensics expert who is neutral to the case and functions as a mediator between parties&#10;a forensics expert who is neutral to the case and functions as a mediator between parties

Accepted Answer

The Answer of digital forensics consultants and bill of particulars is...

Question 34

Match between columns&#10;                        Premises: the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible&#10;the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible&#10;the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible&#10;the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible&#10;the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible&#10;the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible&#10;the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible&#10;the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible&#10;the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible&#10;the process of attacking the accuracy of a witness's testimony or showing that a witness isn't credible

Accepted Answer

The Answer of digital forensics consultants and bill of particulars is...

Question 35

Match between columns&#10;                        Premises: the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief&#10;the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief&#10;the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief&#10;the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief&#10;the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief&#10;the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief&#10;the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief&#10;the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief&#10;the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief&#10;the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other probative matter offered for the purpose of convincing a judge, jury, or other litigation party of a fact or belief

Accepted Answer

The Answer of digital forensics consultants and bill of particulars is...

Question 36

What allows law enforcement to seize information without a warrant if they believe evidence could be destroyed?&#10;A) warrantless discovery&#10;B) evidence of a crime is in plain view&#10;C) incident to arrest&#10;D) exigent circumstances

Accepted Answer

The answer of What allows law enforcement to seize information...

Question 37

Match between columns&#10;                        Premises: a request to prosecution for details and evidence of an alleged crime&#10;a request to prosecution for details and evidence of an alleged crime&#10;a request to prosecution for details and evidence of an alleged crime&#10;a request to prosecution for details and evidence of an alleged crime&#10;a request to prosecution for details and evidence of an alleged crime&#10;a request to prosecution for details and evidence of an alleged crime&#10;a request to prosecution for details and evidence of an alleged crime&#10;a request to prosecution for details and evidence of an alleged crime&#10;a request to prosecution for details and evidence of an alleged crime&#10;a request to prosecution for details and evidence of an alleged crime

Accepted Answer

The Answer of digital forensics consultants and bill of particulars is...

Question 38

If law enforcement agents are testifying as experts, they must be mindful of off-duty activities to avoid ________________ of their testimony.

Accepted Answer

The answer of If law enforcement agents are testifying as...

Question 39

In what type of hearing is an expert witness asked for his or her qualifications so the judge can determine whether the person can testify as an expert?&#10;A) Jencks&#10;B) Sarbanes-Oxley&#10;C) Daubert&#10;D) Merrel Dow

Accepted Answer

The answer of In what type of hearing is an...

Question 40

Match between columns&#10;                        Premises: a person or company offering digital forensics services or advice; can subcontract some or all of the work&#10;a person or company offering digital forensics services or advice; can subcontract some or all of the work&#10;a person or company offering digital forensics services or advice; can subcontract some or all of the work&#10;a person or company offering digital forensics services or advice; can subcontract some or all of the work&#10;a person or company offering digital forensics services or advice; can subcontract some or all of the work&#10;a person or company offering digital forensics services or advice; can subcontract some or all of the work&#10;a person or company offering digital forensics services or advice; can subcontract some or all of the work&#10;a person or company offering digital forensics services or advice; can subcontract some or all of the work&#10;a person or company offering digital forensics services or advice; can subcontract some or all of the work&#10;a person or company offering digital forensics services or advice; can subcontract some or all of the work

Accepted Answer

The Answer of digital forensics consultants and bill of particulars is...

Question 41

What does good case staffing involve and what are some of the questions that must be asked to make good case staffing decisions with respect to e-discovery?

Accepted Answer

The answer of What does good case staffing involve and...

Question 42

Why is gathering discovery more complex today than in the past?

Accepted Answer

The answer of Why is gathering discovery more complex today...

Question 43

What does managing e-discovery effectively involve?

Accepted Answer

The answer of What does managing e-discovery effectively involve?...

Question 44

What is the role of coordinating attorney in a criminal case?

Accepted Answer

The answer of What is the role of coordinating attorney...

Question 45

What do digital forensics consultants and digital forensics examiners do and why is their role important?

Accepted Answer

The answer of What do digital forensics consultants and digital...

Question 46

What is a Daubert hearing?

Accepted Answer

The answer of What is a Daubert hearing?...

Question 47

What is a request for admission and when is it used?

Accepted Answer

The answer of What is a request for admission and...

Question 48

Describe how a digital forensics examiner may be limited in scope in a criminal case and some of the exceptions to those limitations.

Accepted Answer

The answer of Describe how a digital forensics examiner may...

Question 49

How is discovery usually done in a civil case?

Accepted Answer

The answer of How is discovery usually done in a...

Question 50

What is the difference between and expert and a consultant?

Accepted Answer

The answer of What is the difference between and expert...

Deck 4: Experts: The Right Person for the Right Job