Question 1

Which of the following is NOT true about collecting ESI data?&#10;A) it can be altered as long as the alteration is documented&#10;B) the preservation stage is critical&#10;C) the goal is to protect potentially relevant data&#10;D) data should be legally defensible

Accepted Answer

Collecting ESI data must be done in a defensible manner, which means that any alterations made to the data should be documented and explained. However, the data itself should not be intentionally altered during the collection process.

Question 2

What is a document called that has redaction marks that can't be removed?&#10;A) redacted&#10;B) deduped&#10;C) burned-in&#10;D) converted

Accepted Answer

A document that has redaction marks that can't be removed is called "burned-in." This means that the redacted information has been permanently marked out and cannot be retrieved or uncovered.

Question 3

Redaction marks and Bates numbers can't be removed from burned-in documents.

Accepted Answer

Redaction marks and Bates numbers are permanently added to the document as part of the image, and cannot be edited or removed after being burned in.

Question 4

In what format are attorneys required to file documents with the court?&#10;A) OCR&#10;B) PDF&#10;C) native&#10;D) TIF

Accepted Answer

Attorneys are typically required to file documents with the court in PDF format, as it ensures that the document is preserved in its original format and can be viewed universally across different computer systems. While other formats like OCR, native, or TIF may also be accepted by some courts, PDF is the standard choice.

Question 5

Which of the following is NOT among the fields recommended to be included in e-mail production?&#10;A) Date and time received&#10;B) Mail server address&#10;C) BCC recipients&#10;D) Time sent

Accepted Answer

While date and time received, BCC recipients, and time sent are all recommended fields to include in e-mail production, mail server address is not typically necessary information for the recipient and can be confusing or irrelevant.

Question 6

The objective of a privilege log is to disclose information to the opposition so that it's clear what has been specified as privileged and why.

Accepted Answer

The objective of a privilege log is to disclose information to the opposition about specified privileged information and the reasons why it has been designated as privileged.

Question 7

What does FRCP Rule 26(f) mandate with respect to identification and collection?&#10;A) a litigation hold is ordered&#10;B) a meet and confer must take place&#10;C) all metadata must be produced&#10;D) a targeted discovery scope must be used

Accepted Answer

FRCP Rule 26(f) mandates that parties must meet and confer early in the case to discuss issues including preservation, disclosure, and discovery of ESI. However, it does not mandate a litigation hold, production of all metadata, or use of a targeted discovery scope.

Question 8

What format is used on documents that don't lend themselves easily to TIF conversion?&#10;A) near-native&#10;B) OCR&#10;C) Web&#10;D) objective

Accepted Answer

Near-native format is used for documents that don't lend themselves easily to TIF conversion. This format preserves the original layout of the document, including fonts and graphics, and allows for easy editing and searching. OCR (optical character recognition) is used to convert scanned images into editable text, but may not preserve the original layout of the document. Web format is used for publishing documents online, while objective is not a relevant format in this context.

Question 9

What type of coding is used to evaluate relevancy, legal issues, and so forth?&#10;A) objective&#10;B) subjective&#10;C) fielded&#10;D) full-text

Accepted Answer

Subjective coding is used to evaluate aspects such as relevancy and legal issues, as it involves human judgment and interpretation of the content.

Question 10

Most litigation database and trial presentation tools were developed to be used with TIF and OCR files.

Accepted Answer

Most litigation database and trial presentation tools were indeed developed to be used with TIF (Tagged Image File Format) and OCR (Optical Character Recognition) files. These file formats allow for easy searching and organization of large amounts of documents in a trial or litigation setting.

Question 11

Which of the following are defined coding responses tied to specific fields that can be created to improve coders's consistency in data entry?&#10;A) hyperlinks&#10;B) database lists&#10;C) authority lists&#10;D) coding manuals

Accepted Answer

The answer of Which of the following are defined coding...

Question 12

Using a broad scope for data collection requires configuring search criteria in the software tools used for collecting data.

Accepted Answer

The answer of Using a broad scope for data collection...

Question 13

What is a concern of using cloud services for e-discovery storage and tools?&#10;A) changing technology&#10;B) technical support&#10;C) ease of use&#10;D) security controls

Accepted Answer

The answer of What is a concern of using cloud...

Question 14

Which of the following is NOT an advantage of Web-based repositories?&#10;A) they can handle most native file formats&#10;B) they provide secure access to a litigation database&#10;C) only a single attorney at a time can access the data&#10;D) chain of custody can be preserved

Accepted Answer

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

Question 15

What numbering system includes a prefix that denotes the document source?&#10;A) Word AutoDate&#10;B) EDRM&#10;C) Discovery Attender&#10;D) Bates stamping

Accepted Answer

The answer of What numbering system includes a prefix that...

Question 16

In what format does the National Day Laborer Organizing Network et al v. U.S. Immigration and Customs Enforcement Agency et al case show a trend toward producing e-discovery data?&#10;A) PDF&#10;B) native&#10;C) metadata&#10;D) Word

Accepted Answer

The answer of In what format does the National Day...

Question 17

The EDRM preservation stage is critical because ESI can be inadvertently altered during collection.

Accepted Answer

The answer of The EDRM preservation stage is critical because...

Question 18

Which stage of digital evidence case flow reduces the volume of electronic data?&#10;A) preservation stage&#10;B) identification stage&#10;C) collection stage&#10;D) processing stage

Accepted Answer

The answer of Which stage of digital evidence case flow...

Question 19

Which of the following is true about duty to preserve ESI data?&#10;A) both relevant and irrelevant data must be preserved&#10;B) the requesting party is responsible for evaluating which procedures are best to meet the preservation order&#10;C) the FRCP can require inaccessible data to be produced&#10;D) a litigation hold requires that all data be turned over to the requesting party

Accepted Answer

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

Question 20

Why might tech-savvy experts push for native file review?&#10;A) to avoid converting files&#10;B) because the metadata is lost&#10;C) because there are no review tools&#10;D) hidden macros might change the metadata

Accepted Answer

The answer of Why might tech-savvy experts push for native...

Question 21

Match between columns&#10;                        Premises: searching document contents that have been converted to OCR&#10;searching document contents that have been converted to OCR&#10;searching document contents that have been converted to OCR&#10;searching document contents that have been converted to OCR&#10;searching document contents that have been converted to OCR&#10;searching document contents that have been converted to OCR&#10;searching document contents that have been converted to OCR&#10;searching document contents that have been converted to OCR&#10;searching document contents that have been converted to OCR&#10;searching document contents that have been converted to OCR

Accepted Answer

The Answer of fielded searching and redaction and attorney-client privilege is...

Question 22

Which of the following protects any communication between an attorney and a client?&#10;A) attorney-client privilege&#10;B) work-product privilege&#10;C) waiver of privilege&#10;D) clawback agreements

Accepted Answer

The answer of Which of the following protects any communication...

Question 23

Issue ___________ determines whether a document's narrative content relates to case issues.

Accepted Answer

The answer of Issue ___________ determines whether a document's narrative...

Question 24

An example of ______________ discovery in a civil case might be a trade secret or algorithm.

Accepted Answer

The answer of An example of ______________ discovery in a...

Question 25

__________________ agreements can be used to identify and exclude privileged material from being used by opposing counsel.

Accepted Answer

The answer of __________________ agreements can be used to identify...

Question 26

Why can date searches be problematic?&#10;A) only four-digit years are recognized&#10;B) OCR software can't read dates&#10;C) most documents don't have date fields&#10;D) differing date formats

Accepted Answer

The answer of Why can date searches be problematic?&#10;A) only...

Question 27

What does the lead attorney establish that is typically used as a review filter?&#10;A) first-pass review&#10;B) search protocols&#10;C) fuzzy searches&#10;D) acronym standards

Accepted Answer

The answer of What does the lead attorney establish that...

Question 28

Match between columns&#10;                        Premises: negotiated during an initial meeting that allow the opposition to identify and exclude materials from use in the case&#10;negotiated during an initial meeting that allow the opposition to identify and exclude materials from use in the case&#10;negotiated during an initial meeting that allow the opposition to identify and exclude materials from use in the case&#10;negotiated during an initial meeting that allow the opposition to identify and exclude materials from use in the case&#10;negotiated during an initial meeting that allow the opposition to identify and exclude materials from use in the case&#10;negotiated during an initial meeting that allow the opposition to identify and exclude materials from use in the case&#10;negotiated during an initial meeting that allow the opposition to identify and exclude materials from use in the case&#10;negotiated during an initial meeting that allow the opposition to identify and exclude materials from use in the case&#10;negotiated during an initial meeting that allow the opposition to identify and exclude materials from use in the case&#10;negotiated during an initial meeting that allow the opposition to identify and exclude materials from use in the case

Accepted Answer

The Answer of fielded searching and redaction and attorney-client privilege is...

Question 29

Match between columns&#10;                        Premises: any case material that must be shielded during the review process&#10;any case material that must be shielded during the review process&#10;any case material that must be shielded during the review process&#10;any case material that must be shielded during the review process&#10;any case material that must be shielded during the review process&#10;any case material that must be shielded during the review process&#10;any case material that must be shielded during the review process&#10;any case material that must be shielded during the review process&#10;any case material that must be shielded during the review process&#10;any case material that must be shielded during the review process

Accepted Answer

The Answer of fielded searching and redaction and attorney-client privilege is...

Question 30

_____________ can be used on documents to omit parts of the document that are protected data.

Accepted Answer

The answer of _____________ can be used on documents to...

Question 31

Match between columns&#10;                        Premises: this policy allows keeping protected discovery away from public access and review&#10;this policy allows keeping protected discovery away from public access and review&#10;this policy allows keeping protected discovery away from public access and review&#10;this policy allows keeping protected discovery away from public access and review&#10;this policy allows keeping protected discovery away from public access and review&#10;this policy allows keeping protected discovery away from public access and review&#10;this policy allows keeping protected discovery away from public access and review&#10;this policy allows keeping protected discovery away from public access and review&#10;this policy allows keeping protected discovery away from public access and review&#10;this policy allows keeping protected discovery away from public access and review

Accepted Answer

The Answer of fielded searching and redaction and attorney-client privilege is...

Question 32

Match between columns&#10;                        Premises: method of settling disputes outside a court setting by using mediation or arbitration&#10;method of settling disputes outside a court setting by using mediation or arbitration&#10;method of settling disputes outside a court setting by using mediation or arbitration&#10;method of settling disputes outside a court setting by using mediation or arbitration&#10;method of settling disputes outside a court setting by using mediation or arbitration&#10;method of settling disputes outside a court setting by using mediation or arbitration&#10;method of settling disputes outside a court setting by using mediation or arbitration&#10;method of settling disputes outside a court setting by using mediation or arbitration&#10;method of settling disputes outside a court setting by using mediation or arbitration&#10;method of settling disputes outside a court setting by using mediation or arbitration

Accepted Answer

The Answer of fielded searching and redaction and attorney-client privilege is...

Question 33

Match between columns&#10;                        Premises: automated or manual coding done to search for bibliographic data&#10;automated or manual coding done to search for bibliographic data&#10;automated or manual coding done to search for bibliographic data&#10;automated or manual coding done to search for bibliographic data&#10;automated or manual coding done to search for bibliographic data&#10;automated or manual coding done to search for bibliographic data&#10;automated or manual coding done to search for bibliographic data&#10;automated or manual coding done to search for bibliographic data&#10;automated or manual coding done to search for bibliographic data&#10;automated or manual coding done to search for bibliographic data

Accepted Answer

The Answer of fielded searching and redaction and attorney-client privilege is...

Question 34

Which of the following would be considered alternative dispute resolution?&#10;A) redaction&#10;B) trial&#10;C) remediation&#10;D) arbitration

Accepted Answer

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

Question 35

Match between columns&#10;                        Premises: the process of examining documents to identify names, dates, and relevant terms or phrases&#10;the process of examining documents to identify names, dates, and relevant terms or phrases&#10;the process of examining documents to identify names, dates, and relevant terms or phrases&#10;the process of examining documents to identify names, dates, and relevant terms or phrases&#10;the process of examining documents to identify names, dates, and relevant terms or phrases&#10;the process of examining documents to identify names, dates, and relevant terms or phrases&#10;the process of examining documents to identify names, dates, and relevant terms or phrases&#10;the process of examining documents to identify names, dates, and relevant terms or phrases&#10;the process of examining documents to identify names, dates, and relevant terms or phrases&#10;the process of examining documents to identify names, dates, and relevant terms or phrases

Accepted Answer

The Answer of fielded searching and redaction and attorney-client privilege is...

Question 36

Match between columns&#10;                        Premises: protects any communication between an attorney and a client, which can include written material as well as speech and actions&#10;protects any communication between an attorney and a client, which can include written material as well as speech and actions&#10;protects any communication between an attorney and a client, which can include written material as well as speech and actions&#10;protects any communication between an attorney and a client, which can include written material as well as speech and actions&#10;protects any communication between an attorney and a client, which can include written material as well as speech and actions&#10;protects any communication between an attorney and a client, which can include written material as well as speech and actions&#10;protects any communication between an attorney and a client, which can include written material as well as speech and actions&#10;protects any communication between an attorney and a client, which can include written material as well as speech and actions&#10;protects any communication between an attorney and a client, which can include written material as well as speech and actions&#10;protects any communication between an attorney and a client, which can include written material as well as speech and actions

Accepted Answer

The Answer of fielded searching and redaction and attorney-client privilege is...

Question 37

Match between columns&#10;                        Premises: obscuring or removing privileged or proprietary information from a file or document&#10;obscuring or removing privileged or proprietary information from a file or document&#10;obscuring or removing privileged or proprietary information from a file or document&#10;obscuring or removing privileged or proprietary information from a file or document&#10;obscuring or removing privileged or proprietary information from a file or document&#10;obscuring or removing privileged or proprietary information from a file or document&#10;obscuring or removing privileged or proprietary information from a file or document&#10;obscuring or removing privileged or proprietary information from a file or document&#10;obscuring or removing privileged or proprietary information from a file or document&#10;obscuring or removing privileged or proprietary information from a file or document

Accepted Answer

The Answer of fielded searching and redaction and attorney-client privilege is...

Question 38

Which of the following is NOT a drawback of automated review of legal documents?&#10;A) failing to use the technology correctly&#10;B) paper document searches&#10;C) poor communication&#10;D) linguistic issues

Accepted Answer

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

Question 39

A(n) ___________ is an impartial person chosen by both parties to solve their dispute who can hear and evaluate evidence.

Accepted Answer

The answer of A(n) ___________ is an impartial person chosen...

Question 40

Match between columns&#10;                        Premises: searching for words or data that might not be in the document contents but are important descriptors&#10;searching for words or data that might not be in the document contents but are important descriptors&#10;searching for words or data that might not be in the document contents but are important descriptors&#10;searching for words or data that might not be in the document contents but are important descriptors&#10;searching for words or data that might not be in the document contents but are important descriptors&#10;searching for words or data that might not be in the document contents but are important descriptors&#10;searching for words or data that might not be in the document contents but are important descriptors&#10;searching for words or data that might not be in the document contents but are important descriptors&#10;searching for words or data that might not be in the document contents but are important descriptors&#10;searching for words or data that might not be in the document contents but are important descriptors

Accepted Answer

The Answer of fielded searching and redaction and attorney-client privilege is...

Question 41

What is ESI preservation and why is it important?

Accepted Answer

The answer of What is ESI preservation and why is...

Question 42

What are the nine recommended fields of metadata in any ESI production?

Accepted Answer

The answer of What are the nine recommended fields of...

Question 43

What are some of the advantages of Web-based repositories for document review?

Accepted Answer

The answer of What are some of the advantages of...

Question 44

Describe the collection stage of e-discovery along with EDRM recommendations for this stage.

Accepted Answer

The answer of Describe the collection stage of e-discovery along...

Question 45

Describe coding. What is the difference between objective and subjective coding?

Accepted Answer

The answer of Describe coding. What is the difference between...

Question 46

What are the two main types of alternative dispute resolution and how do they differ?

Accepted Answer

The answer of What are the two main types of...

Question 47

What is the purpose of &#34;meet and confer?&#34;

Accepted Answer

The answer of What is the purpose of &#34;meet and...

Question 48

What is privileged information? What are two primary types of privilege protection?

Accepted Answer

The answer of What is privileged information? What are two...

Question 49

What are some of the problems of using cloud services for document review?

Accepted Answer

The answer of What are some of the problems of...

Question 50

What should the planning session that begins each case should include?

Accepted Answer

The answer of What should the planning session that begins...

Deck 5: Digital Evidence Case Flow