The person claiming attorney-client privilege has the burden to establish its existence by showing:
Question 1 The person claiming attorney-client privilege has the burden to establish its existence by showing:
Question options:
communication was made in order to assist in obtaining or providing legal advice to the
client.
communication was intended to be and was in fact kept confidential.
communication was between the client and attorney.
all the above
Question 2 What is the trend in computers and computer devices:
Question options:
to return to the mainframe computer model.
toward light weight, portability, and extended battery life.
to move away from web-based programs.
toward larger systems with smaller networks.
Question 3 ________ refer to any matter, case, file, or project that you need to track.
Question options:
Events
Matters
Names
Documents
Question 4 Destruction of records when the party knows of litigation related to those documents is called:
Question options:
spoliation
litigation destruction
client survival
document destruction
Question 5 Federal Rules governing discovery have been modified to:
Question options:
provide a framework for requesting and satisfying requests for documents in electronic format.
provide a time limit for conducting discovery.
provide a framework for limiting the burdensome nature of discovery in the electronic age.
all the above
Question 6 The AbacusLaw software uses four main databases to store information:
Question options:
Names, Events, Matters, and Documents.
Names, Events, Matters, and Contacts.
Events, Matters, Documents, and Contacts.
Events, Matters, Documents, and Posts.
Question 7 Why is the quantity of documents increasing in litigation?
Question options:
Corporations are acquiring more storage space for paper documents.
Employees are keeping more hard copies of documents in binders in the office.
Electronically stored information has reduced retention costs.
Companies now have paper quotas per employee.
Question 8 _________ lists the steps taken to ensure evidence is properly collected and preserved, and possession is properly documented.
Question options:
An evidence log
A privilege log
A chain of custody
A chain of evidence
Question 9 Inadvertent disclosure of confidential information:
Question options:
is admissible in court.
may be admissible in court depending on the rule adopted in the jurisdiction.
is inadmissible if the attorney promptly tries to retrieve it.
is not admissible in court.
Question 10 With vast numbers of documents produced electronically, it is not possible to check every document before handing them over to opposing counsel. This can result in:
Question options:
disclosure of client proprietary information or trade secrets.
disclosure of confidential material.
disclosure of work product material.
all the above
Question 11The purpose of discovery is:
Question options:
facilitating settlement.
preparing for trial.
case evaluation.
all the above
Question 12 The PDF format is the most frequently used format:
Question options:
to organize data into presentable reports
to make financial calculations
to edit documents
for web-based government forms
Question 13 Costs associated with e-discovery may arise from:
Question options:
files stored on media for which the original hardware to read and write is no longer
available.
files stored on media for which the original software to read and write is no longer available.
files stored on media that has deteriorated.
all the above.
Question 14 A videotape or electronic recording of a deposition can be used in trial as cost-effective method of presenting ________, who for reasons of health or distance would not otherwise be available to testify personally at a trial.
Question options:
clients, or for the judge
expert witnesses, or for witnesses
clients, or for jurors
clients, or for the witnesses
Question 15 A database in a law office may contain:
Question options:
opposing attorneys and parties
employees of the firm
clients of the firm
all of the above
Question 16 Regarding the law governing e-discovery, the legal team should:
Question options:
continuously check for any changes to the law governing e-discovery.
devote a minimum amount of time on what is a consistent area of law.
change discovery practices when a judge issues an adverse ruling against a client.
assume that the rules governing discovery are similar to those for paper discovery.
Question 17 Computers are being used with higher frequency to share information in digital format between:
Question options:
judges and jurors.
attorneys and jurors.
plaintiff and defense attorneys.
remote offices, courthouses, government agencies, and clients.
Question 18 Case management software offers a convenient method for organizing the parts of a case:
Question options:
in the court’s file room.
in every trial notebook or workstation.
in a central repository.
in a central file box.
Question 19 The _______ metadata is used to track or locate the file containing the data, such as the file name, size, and location
Question options:
content
system
fact
sharing
Question 20 A_________ integrates some or all of the program functions, such as timekeeping, billing, and calendaring, into one.
Question options:
program suite
package
bundle
program shell
Question 21 Even when it is known the courtroom is “wired,” the legal team should:
Question options:
check for the judge’s preferences.
check with the courthouse personnel for security clearance.
check for compatibility with their equipment.
all the above
Question 22 Typically, the law office calendar is a source of information about:
Question options:
Appointments; litigation & filing deadlines; court appearances; statutes of limitations,
and routine reminders.
Reports; litigation & filing deadlines; settlement conferences; statutes of limitations, and
routine reminders.
Pleadings; litigation & filing deadlines; court appearances; statutes of limitations, and
routine reminders.
all the above
Question 23Efficient use of a ________ provides all authorized members of the legal team with access to all the case information, day or night.
Question options:
case management system
firm filing system
client email address
court electronic data base
Question 24 When considering their client’s duty to preserve evidence, it is usually better for the legal team to
Question options:
err on the side of caution, since the law is unsettled.
apply the clear rules and statutes adopted in every state.
advise the client to destroy everything, since those responsible are not likely to be discovered.
allow the client to do whatever is most cost-effective in their business.
Question 25Scrambling documents using algorithms/mathematical formulas is known as:
Question options:
encryption
code
equity
user-level security
Question 26 What is the scope of discovery?
Question options:
Only information that may be admitted into evidence is discoverable, so long as it is not privileged.
Everything is discoverable that is relevant or may lead to relevant evidence, so long as it is not privileged.
Everything is discoverable that is relevant to the issues in the case.
Everything is discoverable that is relevant, so long as it is not privileged.
Question 27This refers to the temporary computer memory that stores work in progress:
Question options:
RAM
CPU
HLA
none of the above
Question 28Information about a document, such as who created it; the date it was created, modified, or accessed; and other information related to its existence and location is referred to as:
Question options:
native
metadata
VoIP
answers
Question 29Metadata refers to:
Question options:
features that show the original text and any deletions or additions to it.
headers and footers in a document
information about the document, such as author and date of creation.
special features that determine the word count of a document.
Question 30Every electronic document has:
Question options:
numbering.
metadata.
coding.
filtering.
Question 31 _______ is a graphics program that provides thousands of predesigned objects
and elements, including specialty features for different professions and businesses.
Question options:
Access
SmartDraw
VoIP
Question 32 Part of the cost of litigation is related to the time the litigation team must spend:
Question options:
processing, organizing, and researching information and files.
processing, indexing, and reading case law and documents.
processing, indexing, and researching case law and documents.
processing, organizing, and sharing information and documents.
Question 33 The practice of law requires a close adherence to __________, such as statutes of limitation, response deadlines, and appeal periods.
Question options:
VoIP
legal fees
deadlines
confidentiality
Question 34A ________ is a collection of similar records, such as your address book, which has records for names, addresses, cities, and phone numbers.
Question options:
document
chart
folder
database
Question 35A database is:
Question options:
a specifically designed file with information about legal specialty needs.
information about a person or item
a repository of information of all types that can be sorted and presented
a repository of all client files and lists
Question 36When a legal team is working on a case, duplication of effort can be avoided by
Question options:
giving access to the case files to only one person.
having a member of the team responsible for updating current activities on all of the files.
allowing each member of the team to access only their assigned part of the case.
keeping case information on several different repositories.
Question 37Electronic equipment in the courtroom may include:
Question options:
document camera, annotation monitor and interpreter box.
microphones and a wide screen television in the jury box.
tape recorders, IPods, and cell phones.
a video presentation cart and overhead projector.
Question 38Good faith destruction of documents is established by:
Question options:
establishing a standard operating procedure for retention and destruction of documents.
establishing a standard operating procedure for retention of documents.
establishing a standard operating procedure for retention and destruction of documents that includes a litigation hold policy.
saving a separate electronic back-up version of every document destroyed.
Question 39As e-discovery advances, the freedom to choose the format of a document may be impacted by the rules of ________ or governmental agencies.
Question options:
courts
ethics
procedure
law firms
Question 40Discovery should be accomplished:
Question options:
with court oversight and intervention when necessary.
in a cooperative fashion without court intervention.
with court involvement at every step in the process.
in an adversarial manner using delay tactics to protect the client.
Question 41Case management software can be used to organize the __________ involved in a case.
Question options:
clients, documents, court calendar, and legal authority
persons, documents, timetable, issues, and legal authority
persons, documents, the adversary’s demands, and the client’s schedule
filing system, court transcripts, depositions, briefs, and legal issues
Question 42A feature of many calendar programs is the alert or ________ feature that signals when a preset event occurs.
Question options:
reply
alarm
awake
respond
Question 43Ethics are the minimally accepted standards of conduct in a profession. For lawyers, ethics are determined by state law, which is primarily based on the following:
Question options:
The Model Rules of Professional Conduct
The Federal Rules of Evidence
The Federal Rules of Judicial Conduct
The Federal Rules of Civil Procedure
Question 44 A__________ is a list of documents claimed by the submitting party to contain material subject to privilege or work product doctrine exclusion.
Question options:
confidentiality log
privilege & work product log
privilege log
work product log
Question 45 The use of ________ for e-mail and document storage by business and government has caused a massive increase in the number of potential documents that may have to be reviewed, tracked, and made available.
Question options:
court approval
computers
files
case management
Question 46 Under new case law, the duty to preserve evidence exists:
Question options:
only after an attorney has entered an appearance.
at all times.
once it is reasonable and foreseeable that litigation may arise.
only after a lawsuit is filed.
Question 47 It is becoming more common practice, even in smaller law offices, to have a high level of ________ among members of the legal team.
Question options:
trustworthiness
friendship
collaboration
mentoring
Question 48 To protect and retrieve inadvertently disclosed confidential or privileged materials:
Question options:
the attorney should include a claw-back provision in the discovery plan.
the attorney must file a motion for a protective order.
the client whose materials are disclosed must sue the attorney.
the materials cannot be protected or retrieved once they’ve been disclose
Question 49 Integrated functions are:
Question options:
the sharing of data between different network providers.
the sharing of data among different program features.
the chronological listings of transactions.
the internal structure of a file.
Question 50 The danger in using electronic transmission is the potential access of the data by _________.
Question options:
paralegals
legal secretaries
attorneys
unauthorized parties
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