Deck 8: Researching E-Discovery Case Law

Question 1

The Landmark Legal Foundation v. Environmental Protection Agency (2003) case provided a good example of which of the following?

A) the effect of ESI's fragility
B) e-mail privacy
C) warrantless wiretapping
D) the appeals process

Answer 1

A

Question 2

Cloud storage has complicated e-discovery as it relates to e-mail.

Answer 2

True

Question 3

The EEOC v. JPMorgan Chase Bank, 2013 case provided an example of which of the following?

A) illegal search and seizure
B) the effect of ESI's fragility
C) violation of a litigation hold
D) the ECPA's shortcomings

Answer 3

C

Question 4

Which system, created by John West in 1872, categorizes cases by topic and a key number?

A) FindLaw
B) Federal Reporter
C) LexisNexis
D) American Digest System

Question 5

What topic did the 1924 Olmstead v. United States case spark debate about?

A) Prohibition
B) bootlegging
C) wiretapping
D) warrants

Question 6

What topic was involved in the United States v. Comprehensive Drug Testing, Inc case heard by the Ninth Circuit Court in 2010?

A) wiretapping
B) scope of a warrant
C) digital communications
D) judicial misconduct

Question 7

Students researching case law typically begin with LexisNexis.

Question 8

What are the ninety-four federal district courts divided into?

A) circuit courts
B) state supreme courts
C) state district courts
D) regional courts

Question 9

The American Digest System contains statutes and cases for only Ohio and New York.

Question 10

Which of the following is a uniquely U.S. phenomenon with respect to litigation?

A) civil litigation
B) appeals
C) e-discovery
D) litigation holds

Question 11

Which of the following describes processes for gathering digital evidence in an organization, handling privileged and private data, training staff, handling data stored offsite, and other procedures for international entities?

A) United Nations Economic Commission for Europe
B) Anti-Cartel Enforcement Manual
C) UN Model Law
D) United Nations Commission on International Trade

Question 12

Where does a plaintiff take a federal case in which there is disagreement over the verdict?

A) the local judge
B) a state supreme court
C) regional court
D) circuit court

Question 13

Which of the following establishes the requirements for electronic data interchange (EDI) between countries?

A) UN Model Law
B) UNECE
C) ECPA
D) SCA

Question 14

The State-Province table reflects how laws can vary between states or provinces in a country.

Question 15

Case law determines how laws are applied and is based on previous rulings.

Question 16

Which of the following is true about government searches of e-mail files?

A) all searches require a warrant
B) no searches require a warrant
C) e-mail less than 180 days old does not require a warrant
D) e-mail older than 180 days does not require a warrant

Question 17

What does the ECPA address?

A) e-discovery processes
B) online privacy
C) landline privacy expectations
D) e-mail storage requirements

Question 18

What types of trials do state supreme courts hear?

A) criminal
B) civil
C) appellate
D) probate

Question 19

Which provision was upheld in United States v. Stabile in which child pornography was found while investigating evidence of counterfeiting?

A) litigation hold
B) plain view doctrine
C) inevitable discovery
D) requirement to retain ESI

Question 20

What can result from the case's outcome if the situation a case involves hasn't been tried before?

A) mistrial
B) precedent
C) common law
D) appeals

Question 22

The ______ Model Law on International Commercial Arbitration was created to address commerce and, later, e-commerce.

Question 23

Each state has its own ____________ of courts ending in a state supreme court for appeals.

Question 25

In civil cases, the term data ________is used when opposing counsel sends more information or data than could be examined in a reasonable time.

Question 28

The salient point in the case affecting General Petraeus (and average citizens) is that e-mails older than 180 days don't require a __________ to be searched.

Question 30

The ease with which ESI can be destroyed is of particular concern when a __________hold has been issued.

Question 32

____________ law countries use case law as a guide when there are no existing statues that apply specifically to a case.

Question 33

The ________________, created in 1986, addresses online privacy, specifically when data is in transit.

Question 37

In criminal e-discovery, the financial burden is on the ___________.

Question 39

With the ___________approach to monitoring employees' e-mails, an employer is allowed to monitor any e-mails related to the regular course of business but can't monitor personal e-mails.

Question 40

If plaintiffs or defendants disagree with the judge or jury's verdict, they can take it to a court of __________.

Question 41

Provide an example of violation of a litigation hold.

Question 42

Describe the case of Donato Aponte-Navedo, et al, Plaintiffs v. Nalco Chemical Company, et al (2010) and how it applies to e-discovery.

Question 43

Explain how United States v. Suarez (2010) illustrates that the requirement to retain ESI is applicable to government agencies.

Question 44

What is the process of appeals for a federal case?

Question 45

How is the U.S. court system organized?

Question 46

What was the basis for the United States v. Warshak, 2010 case?

Question 47

How is the Westlaw database used?

Question 48

What does the Landmark Legal Foundation v. Environmental Protection Agency (2003) case provide a good example of with respect to ESI? Describe the situation.

Question 49

When is case law used?

Question 50

What topic did the Peskoff v. Faber (2006) case illustrate? Explain.