How do the courts define a record for discovery purposes? List three types of items that are included in this legal definition but that are not ordinarily thought of as records by laypeople.
What will be an ideal response?
Q. 2The opinions in Zubulake
a. have been replaced by the 2006 amendments to the Federal Rules of Civil Procedure, and are no longer relevant.
b. were written before the 2006 amendments to the Federal Rules of Civil Procedure, but are still looked to for guidance.
c. are relied on for their interpretation of the 2006 amendments to the Federal Rules of Civil Procedure.
d. were written after the 2006 amendments to the Federal Rules of Civil Procedure, and overrule them.
Q. 3The opinions written in the Zubulake case raise many of the issues surrounding e discovery, mainly, the _______ and the need for early awareness in the case of potential e-discovery issues.
a. duty to preserve evidence, duty to cut costs, duty to reveal,
b. duty to preserve evidence, duty to produce, cost of production,
c. duty to preserve evidence, duty to collect relevant data, cost of email sorting,
d. duty to preserve evidence, duty to negotiate, costs of the case,
Q. 4Where a client has a retention and destruction policy and the duty to preserve evidence has arisen, the attorney:
a. must immediately review all documents in the client's possession.
b. must instruct the client to cease destruction of documents.
c. must verify the client has followed the instruction to cease destruction.
d. both b and c
Q. 5Why is knowledge of the vocabulary of different professions and industries necessary for the litigation team? How can this knowledge aid in formulating a search query?
What will be an ideal response?
Q. 6What information can be obtained through interrogatories that will help in locating electronically stored information?
What will be an ideal response?