When considering their client's duty to preserve evidence, it is usually better for the legal team to
a. err on the side of caution, since the law is unsettled.
b. apply the clear rules and statutes adopted in every state.
c. advise the client to destroy everything, since those responsible are not likely to be discovered.
d. allow the client to do whatever is most cost-effective in their business.
Q. 2What is the role of computer forensics in electronic discovery? How can a forensic expert help the legal team?
What will be an ideal response?
Q. 3According to recent case law, sanctions for spoliation of evidence may depend on
a. whether the evidence was in electronic or paper form.
b. the steps taken to preserve and collect information in discovery.
c. whether the evidence was in the form of documents, or physical evidence.
d. whether documents were destroyed by deleting or shredding.
Q. 4In electronic discovery, how effective is the Boolean model of searching? What factors can prevent it from being effective?
What will be an ideal response?
Q. 5A litigation hold letter is more likely to be effective, and shows a good-faith effort, when it
a. does not specify the author.
b. states that no acknowledgement of receipt is necessary.
c. specifies exactly what actions must be taken.
d. describes the scope of the materials in broad, general terms.
Q. 6Every record retention policy should include
a. a direction to destroy each document as soon as it is no longer needed in the course of business.
b. a procedure for destroying any document related to a matter that may result in litigation.
c. a process for making hard copies of every document produced by the business.
d. rules determining which matters may result in litigation and ensuring that related records are kept.
Q. 7In the case of spoliation of evidence, an adverse instruction tells the jury that they may
a. infer that the destroyed evidence may have been favorable to the other side.
b. assume that the destroyed evidence was favorable to the other side.
c. decide in favor of the other party if it determined that evidence was deliberately destroyed.
d. decide in favor of the other party if it is shown that the destroyed evidence was favorable to them.
Q. 8When might the litigation team need the help of outside consultants in collecting electronically stored information? What types of knowledge and expertise can a consultant contribute to the team?
What will be an ideal response?
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