ACED 2400 Test 1 Latest Update 2024-2025 Exam 250 Questions and 100% Verified Correct Answers Guaranteed A+
American rule - CORRECT ANSWER: each party pays its own legal costs
Custodial ESI - CORRECT ANSWER: E-mail, storage hardware, network storage,
private data storage, social networking sites.
Custodian - CORRECT ANSWER: individual who is a party or an employee of a party
and is likely to hold relevant ESA
Data Mapping - CORRECT ANSWER: Types of ESI stored, security and access
controls, format and reporting capabilities, back-up, archival, purging processes and schedules, and audit trial capabilities.
Discovery Plan - CORRECT ANSWER: Subject requiring discovery, timetable for
production, format of production, privilege issues (including inadvertent production), limitations on discovery (by rule or agreed to by parties)
Discovery Request - CORRECT ANSWER: Pleading signed by attorney. Certifies
Consistent with FRCP, Non-Frivolous, not for improper purpose (such as harassment), not unreasonable or unduly burdensome.
Discovery Response - CORRECT ANSWER: Due within 30 days, formal written
response to request alos signed by attorney, certifies objets well founded and in good faith, disclosure is complete and correct at time made. (Most likely not really responding with productions at this time.)
FCP Rule 26 (b) (2) (B) - CORRECT ANSWER: Cost shifting...cost limiting and
proportionality (cost vs. benefits)
Federal Rules of Civil Procedure - CORRECT ANSWER: The rules controlling
procedural matters in civil trials brought before the federal district courts.
FRCP 26(f) - CORRECT ANSWER: parties must cinfer as soon as practical or at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule FRCP 16(b)
FRCP 26(f): Planning for Discovery (meet and confer) - CORRECT ANSWER: Parties must consider: 1) the nature and basis of their claims and defenses and the possibilities for promptly settling or resolving the case 2) makr or arrange for the disclosures required by FRCP Rule 26 (1)(1), 3) discuss any issues about preserving discoverable 1 / 3
information, develop a discovery plan. Submitting the court within 14 days a written report outlining the discovery plan.
FRCP Rule 11 - CORRECT ANSWER: Attorney must sign the discovery request and
take responsibility
FRCP Rule 26 (a) (1)(A)(i) - CORRECT ANSWER: a party must, without awaiting a
discovery request, provide to the other parties: the name, address, and telephone number of each individual likely to have discoverable information - along with the subjects of that information - that the disclosing party may use to support its claims of defenses, unless the use would be solely for impeachment.
FRCP Rule 26 (a) (1)(A)(ii) - CORRECT ANSWER: a party must, without awaiting a
discovery request, provide to the other parties: a copy or a description by category and location - of all documents, electronically stored info...
FRCP Rule 26 (a) (1)(A)(iii) - CORRECT ANSWER: a party must, without awaiting a
discovery request, provide to the other parties: a computation of each category of damages claimed by the disclosing party - who must also make available for inspection and copying as under RFCP Rule 34 the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based...
FRCP Rule 26 (a) (1)(A)(iV) - CORRECT ANSWER: a party must, without awaiting a
discovery request, provide to the other parties: for inspection and copying as under FRCP Rule 34, any insurance agreement under which as insurance business may be liable to satify all or part of a possible judgement in the action or to indemnify or reimburse for payments made to satisfy the judgement.
FRCP Rule 30 - CORRECT ANSWER: addresses the taking of a deposition form a
corporate entity
FRCP Rule 30 (b) (6) - CORRECT ANSWER: rule that covers serving a subpoena on a
corporation
FRCP Rule 34 - CORRECT ANSWER: dictates disclosure and discovery related to
"producing documents, electronically stored information, and tangible things or entering onto land, for inspection and other purposes."
FRCP Rule 34(a)(1) - CORRECT ANSWER: A party may serve on any other party
(even non-party) a request within the scope of Rule 26(b) to produce and permit the requesting party or its representative party to inspect, copy...
FRCP Rule 45 - CORRECT ANSWER: subpoena served to non-party for ESI
Initial disclosure - CORRECT ANSWER: must include ESI and in some cases like
Texas District dealing with Patents--need to be complete. 2 / 3
Legal Hold Notice - CORRECT ANSWER: Written, description of subject matter,
examples of ESI storage locations, clear instructions, point person to answer questions, confirmation of receipt and acknowledgement
Legal Hold Obligation - CORRECT ANSWER: From common law. Anticipation of
litigation, reasonable steps to preserve, failure to preserve can result in spoliation, sanctions can result
Litigation Hold Plan - CORRECT ANSWER: Identify personnel and assign
responsibilities; have written policy and forms, have tracking procedure in place.
Non-Custodial ESI - CORRECT ANSWER: Not owned by a person, data bases, wikis,
shared network storage, identify person responsible for each resource
Potential Sanctions for spoliation - CORRECT ANSWER: Adverse Inference jury
instruction, limiting claims or defense, monetary award, default judgement or dismissal
Preservation - CORRECT ANSWER: Complete and accurate records particularly for
preservation and legal hold: witness interview notes, copies of org charts reviewed, legal hold notice, evidence of distribution, follow-up actions
Preservation of non-custodial sources - CORRECT ANSWER: Is it overwritten or
cumulative? Is it accessed by multiple people?
Proportionality - CORRECT ANSWER: If burden or expense of proposed discovery
outweighs potential benefit, court may impose limits or shift cost. Parties are free to enter into their own agreement.
Records Management & Preservation - CORRECT ANSWER: Policy: purpose and
retention schedule; Must accommodate litigation hod procedures: preservation
obligation always supersedes destruction under schedule, once litigation is anticipated, destruction stops.
Rule 37(e) - CORRECT ANSWER: 2015 amendment completely replaces old "safe
harbor" provision; if lost ESI can be replaced or restored, no sanction; if it cannot be replaced AND if the requesting party is prejudiced, court may order sanctions "no greater than necessary to cure that prejudice"; only upon a finding of intent to deprive another party the information's use in the litigation, court may: order adverse inference or dismiss the case or enter default judgement (Negligence or gross negligence will not be sufficient for imposition of most severe sanctions)
Rules 26(f) conference - CORRECT ANSWER: Meet and confer, and develop a
"discovery plan"
US Discovery Standard - CORRECT ANSWER: Broad and Liberal
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