Question 1

Which of the following is NOT true about collecting ESI data?
A) it can be altered as long as the alteration is documented
B) the preservation stage is critical
C) the goal is to protect potentially relevant data
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?
A) redacted
B) deduped
C) burned-in
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?
A) OCR
B) PDF
C) native
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?
A) Date and time received
B) Mail server address
C) BCC recipients
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?
A) a litigation hold is ordered
B) a meet and confer must take place
C) all metadata must be produced
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?
A) near-native
B) OCR
C) Web
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?
A) objective
B) subjective
C) fielded
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?
A) hyperlinks
B) database lists
C) authority lists
D) coding manuals

Accepted Answer

Authority lists are used to ensure consistency in data entry by providing a predefined list of valid entries for specific fields.

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?
A) changing technology
B) technical support
C) ease of use
D) security controls

Accepted Answer

The main concern with using cloud services for e-discovery storage and tools is the security controls. As sensitive information is stored and processed in the cloud, it is important to ensure that proper security measures are in place to protect against data breaches, unauthorized access, and other security risks. It is important to carefully consider and review the security controls offered by cloud service providers before storing sensitive information in the cloud. While changing technology, technical support, and ease of use are also important considerations, they are secondary concerns in comparison to security.

Question 14

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

Accepted Answer

The statement "only a single attorney at a time can access the data" is not an advantage of Web-based repositories, as one of their main advantages is the ability to provide multiple users with simultaneous access to the data. The other three options listed (handling most native file formats, providing secure access to a litigation database, and preserving chain of custody) are all advantages of Web-based repositories.

Question 15

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

Accepted Answer

Bates stamping is a numbering system that includes a prefix denoting the document source, typically a combination of letters and numbers. This system is commonly used in legal proceedings to uniquely identify and track documents.

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?
A) PDF
B) native
C) metadata
D) Word

Accepted Answer

The term "native" in e-discovery refers to electronic files in their original format as they were created by their authoring software, such as Word, Excel, or PowerPoint. The National Day Laborer Organizing Network et al v. U.S. Immigration and Customs Enforcement Agency et al case involved the production of native electronic documents as part of the e-discovery process. This trend toward producing electronic data in native format has become increasingly common in litigation and is believed to help ensure the accuracy and authenticity of the data.

Question 17

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

Accepted Answer

The preservation stage is essential because ESI can be unintentionally modified or lost during collection, making it necessary to preserve the integrity of the data during this stage.

Question 18

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

Accepted Answer

The processing stage involves filtering out irrelevant data and deduplicating redundant data, which reduces the volume of electronic data. The preservation stage involves securing and protecting potentially relevant data, the identification stage involves locating potential sources of evidence, and the collection stage involves gathering data from identified sources.

Question 19

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

Accepted Answer

The FRCP (Federal Rules of Civil Procedure) can require inaccessible (electronically stored information) ESI to be produced, which may include data that is not easily accessible or may have been deleted. A litigation hold only requires the preservation of relevant data, and it is the responsibility of the party who is subject to a preservation order to determine which procedures are best to meet the order. All data, whether relevant or irrelevant, does not need to be preserved.

Question 20

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

Accepted Answer

Tech-savvy experts might push for native file review to avoid converting files, which can potentially alter the original data and format of the file. Native file formats also preserve the metadata associated with the file.

Quiz 5: Digital Evidence Case Flow

Which of the following is NOT true about collecting ESI data?

What is a document called that has redaction marks that can't be removed?

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

In what format are attorneys required to file documents with the court?

Which of the following is NOT among the fields recommended to be included in e-mail production?

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.

What does FRCP Rule 26(f) mandate with respect to identification and collection?

What format is used on documents that don't lend themselves easily to TIF conversion?

What type of coding is used to evaluate relevancy, legal issues, and so forth?

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

Which of the following are defined coding responses tied to specific fields that can be created to improve coders's consistency in data entry?

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

What is a concern of using cloud services for e-discovery storage and tools?

Which of the following is NOT an advantage of Web-based repositories?

What numbering system includes a prefix that denotes the document source?

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?

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

Which stage of digital evidence case flow reduces the volume of electronic data?

Which of the following is true about duty to preserve ESI data?

Why might tech-savvy experts push for native file review?