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ACEDS Chapter 3 exam with complete solutions 2024_2025.
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ACEDS Chapter 3 exam with complete solutions 2024_2025.
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ACEDS Chapter 3 exam with completesolutions 2024/2025
PRESERVATION - ANSWER✓✓-As soon as a party reasonably
anticipates litigation (or a similar event, such as a governmental
investigation) over a subject, that party has an immediate obligation to preserve
both hard copy materials
and electronically stored information ("ESI"
When a party "reasonably anticipates" litigation is judged on a case-
by-case basis - ANSWER✓✓-True - can be before litigation
The costs associated with preservation, however, are much less significant than
the cost of collecting, reviewing,
and producing ESI - - ANSWER✓✓-True
POTENTIAL LEGAL CONSEQUENCES OF FAILING TO PRESERVE ESI -
ANSWER✓✓-Claims of spoliation
Four major types of sanctions - not to preserve - ANSWER✓✓-1.
Monetary, 2. Adverse instructions 3. Limiting of claims 4. Default
judgement/dismissal.
IDENTIFYING SOURCES OF ELECTRONICALLY STORED INFORMATION -
ANSWER✓✓-1. Identify sources of ESI - Need person to collect or
outside person - keep records of when and why
Non-custodial sources (i.e. those not held by a specific individual) -
ANSWER✓✓-Databases and shared resources by interviewing key
employees
, LEGAL HOLD IMPLEMENTATION PLAN - ANSWER✓✓-legal hold plan
will be a written set of instructions that is created in the abstract
(that is, before actual litigation arises), and applied uniformly across all matters.
Subject matter: - ANSWER✓✓-notice should outline the subject
matter of the dispute or investigation that has given
rise to the duty to preserve
In writing - ANSWER✓✓-The legal hold notice is best be in writing.
While oral notices are not de facto ineffective or
impermissible, they certainly are not prudent.
Legal Hold Steps - ANSWER✓✓-1. Subject Matter 2. Provide Example
of Locations, 3. Addressed to individuals & an give personally. 4.
Clear Instructions on how to accomplish. 5. Identify person to whom
addressed. 6. Means of confirming receipt 7. Interviews 8. periodic
followup 9. release notice 10. Tracking
UNDERSTANDING ESI STORAGE LOCATIONS - ANSWER✓✓-1. Know
who's resposible for tracking the data 2. What data is contained 3.
Understand how the storage location works and overwritten.
Rule 37 - ANSWER✓✓-The safe harbor portion of FRCP 37 used to
provide that "absent exceptional circumstances, a court may not
impose sanctions under these rules on a party for failing to provide
electronically stored information lost as a result of the routine,
good-faith operation of an electronic information system."
2015 amendment to FRCP 37(e) totally rewrites and expands the
safe harbor. The new language - ANSWER✓✓-1. Upon finding
prejudice to another party from loss of the information, may order
measures no
greater than necessary to cure the prejudice; or
2. Only upon finding that the party acted with the intent to deprive another party
of the
information's use in the litigation may:
A. presume that the lost information was unfavorable to the party;
B. instruct the jury that it may or must presume the information was unfavorable
to the party;
or
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