ACEDS Test -with 100% verified solutions 2024-2025, Exams of Advanced Education

Download ACEDS Test -with 100% verified solutions 2024-2025 and more Exams Advanced Education in PDF only on Docsity! ACEDS Test -with 100% verified solutions 2024-2025 95Q&A When Considering the records management policies you should do all of the following EXCEPT? A. Conduct periodic surveys of an organization's digital landscape B. Document who has access to which records C. Assure no records are kept in the cloud D. Use Data Maps or data surveys of IT systems C. Assure no records are kept in the cloud Which of the following will NOT increase the cost of e-discovery? A. Delay in collecting ESI until the discovery requests have been received B. Communicating with the client about the benefits and risks of different approaches in the document review methods. C. Withholding information from the opposition about ESI D. A greater number of custodians B. Communicating with the client about the benefits and risks of different approaches in the document review methods. What is the most important aspect of e-discovery? A. Budget B. E-discovery review team C. Third party service provider D. Data mapping A. Budget Which of the following WILL increase the cost of e-discovery? A. reviewing documents for all issues on the first pass B. starting with the smallest scope and increasing it only when necessary C. avoiding costs to deduplicate or de-NIST data D. working with opposing counsel to openly discuss relevant data in the possession of both parties. C. avoiding costs to deduplicate or de-NIST data The e-discovery folder created by the project management team should include all of the following section EXCEPT? A. Processing B. Preservation C. Presentation D. Production C. Presentation Fill in the blank. "FRCP Rule 30(b)(6) allows subpoenas to be served on __________? A. non-party individuals B. attorneys C. corporations D. foreign nationals C. corporations The court could take several actions as to which party in the case bears the costs of electronic discovery. Which of the following is the least likely method it might use? A. cost- shifting B. weighing costs against benefits C. "to each his own" D. fair division D. fair division D. greater number of reviewers Which of the following generally will NOT have an effect upon the cost of an e-discovery project? A. the volume of ESI can be reviewed B. how easily ESI can transition from the application in which it is processed to the application in which it is hosted for review C. from what types of devices - desktop or laptop computers, servers or smart phones - ESI must be collected D. The processing charge for the number of duplicates removed during deduplication D. The processing charge for the number of duplicates removed during deduplication In order to properly document a legal hold you must preserve all of the following, EXCEPT? A. the legal hold notice itself B. evidence of distribution of the legal hold notice C. notes of witness interviews D. list of all non-party hosted information D. list of all non-party hosted information When an employee departs from a company, what should be done with the employee's ESI? A. all information should be deleted to ensure it is not shared with other employees or third parties B. efforts must be taken to ensure that information is not improperly deleted C. the employee should be interviewed to understand why they kept all of their data D. a copy should be made and kept with the IT department B. efforts must be taken to ensure that information is not improperly deleted A legal hold is implemented for any one of the following reasons, EXCEPT? A. whenever litigation is reasonably anticipated B. when a party receives a complaint C. as part of litigation readiness planning D. for actual, imminent or anticipated government investigations C. as part of litigation readiness planning As part of information governance, a question that does not need to be answered for litigation readiness in regard to ESI, or "Pro-Active e- discovery," is? A. how safe is it? B. what is it? C. what does it cost to keep? D. how relevant is it? D. how relevant is it? All of the following are 'costs' associated with retaining data that can be minimized with a reduced data retention policy, EXCEPT? A. mandatory retention periods B. costs of operations staff C. increased legal liability and e-discovery costs D. management and maintenance costs A. mandatory retention periods A source of ESI not held by any specific person or company that is a party to the litigation is known as? A. non-party hosted information B. non-party information C. custodial data D. non-custodial data D. non-custodial data For purposes of a litigation hold notice and implementation of a litigation hold plan, which of the following is not a likely location for ESI? A. home computers B. the cloud C. hanging file folders D. portable devices (i.e. flash drives, CDs, etc). C. hanging file folders Put the steps of litigation hold workflow process in the right order response distribution tracking reports B. cost C. security D. timeliness B. cost All of the following are goals of project management in the context of an e-discovery project EXCEPT: A. planning the project B. controlling resources C. negotiating with opposing counsel D. motivating the team C. negotiating with opposing counsel Evidence rule 502 protects attorneys from? A. sanctions B. prosecution C. accidental deletion D. inadvertent production D. inadvertent production rule 502 sets forth the conditions under which attorney-client or work product privilege is considered to have been waived. Rule 502(a) explicitly states that waiver is recognized when it is intentional, while Rule 502(b) stated that no waiver is thought to have occurred when "the disclosure is inadvertent." Under ABA Model Rule 1.1, which states that an attorney's duty of competence includes "keep[ing] abreast of changes in the law and its practice, who would NOT place an attorney inexperienced in e-discovery within compliance of the Rule when having to request or produce e- Discovery? A. associating with or consulting professionally another attorney reasonably believed to be competent. B. acquiring sufficient learning and skill before performance is required C. consulting with an outside technical consultant D. having a background in and understanding such benefits and risks C. consulting with an outside technical consultant simply consulting with someone who understands technology, however, would be insufficient, as that consultant would not be able to place the technical aspects within the legal concepts of what is "in accessible" because of "undue burden or cost," or other such concepts which merge legal, technical and practical concepts. Rule 34 of the FRCP states that data produced must be in what form? A. PDF form. B. the format the data is normally maintained in C. image format with all related metadata D. native format with associated hash values B.the format the data is normally maintained in Rule 34(b)(1)(C) states that the requesting party may "specify the form or forms in which electronically stored information is to be produced. Rule 34(2)(D) states that the producing party may produce the ESI in the form requested (if a form was requested). Rule 34(b)(2)(E)(ii) states that if the requesting party does not request a form of production, the ESI "must be produced in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms." The format (or form) in which the data is normally maintained is another form required by the Rules. The safe harbor limit on sanctions under the 2006 FRCP Rule 37 protected the holder of the ESI from sanctions due to data destruction based on? A. Destruction due to accidental deletion B. destruction due to malicious third parties C. destruction due to routine computer operations D. after a litigation trigger, destruction due to autodelete policies to keep the volume of email low. C. destruction due to routine computer operations Rule 37(e) states 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." thus this type of destruction of data is protected under the Rule. Under Rule 26 of the FRCP, what is not required to be in the discovery plan to be submitted to the parties (choose two) A. agreement by the parties to the plan B. the projected cost of discovery C. any issues regarding claims of privilege A. agreement by the parties to the plan B. the projected cost of discovery rule 26 lists six elements that must be addressed in discovery plan - see notes: In order to ensure forensic defensibility the technician should do all of the following EXCEPT? A. write protect all files during collection B. preserve all metadata C. use only standard forensic protocols D. maintain a chain of custody record C. use only standard forensic protocols some file types are better suited for native delivery. which of the following file types is the LEAST likely to be delivered natively? A. outlook files B. text files C. databases D. spreadsheets A. outlook files All of the following are types of searches EXCEPT? A. chronological B. proximity C. boolean D. basic keyword A. chronological Data processing offers all of the following capabilities EXCEPT? A. De-NISTing B. filtering by date C. filtering by privilege D. de-duplication C. filtering by privilege Which of the following is true about data extraction? A. is typically done after the budget is calculated B. more expensive than data processing C. will reflect the true data size for the project D. usually results in some data loss C. will reflect the true data size for the project due to the prevalence of compressed file types in most business environments, PSTs, ZIP and RAR files, these files must first be extracted or uncompressed in order to determine the true size of data at hand After culling, most workflows call for an initial sample from the collection. This sample is used for? A. to code the rest of the documents B. to teach the system C. to estimate the yield D. to refine the prediction scores C. to estimate the yield in many workflows, the purpose of the initial sample is not to teach the system but rather to estimate the prevalence of responsive documents in the collection Which of the following would be the most appropriate cases to use predictive coding? A. cases with low document volumes B. cases with documents that are not text based C. cases with clear issues or definitions D. cases with documents in multiple languages C. cases with clear issues or definitions the most appropriate cases for predictive coding including cases with large volumes, significant numbers of custodians, cases with clear issues or definitions for relevance and cases with very tight timeframes. The following can all be considered benefits of predictive coding EXCEPT? A. confidentiality B. replicability C. transparency D. infallibility D. infallibility there is no way to get perfect results with a large volume of documents. studies have shown predictive coding can be more accurate than traditional review but it is not infallible. Which of the following is a benefit of predictive coding? A. predictive coding can be more accurate than linear review B. predictive coding eliminates the need for culling before the review begins C. predictive coding eliminates the need for expert human reviewers. D. predictive coding is today considered more defensible by courts than linear review A. predictive coding can be more accurate than linear review studies suggest coding quality and consistency can be superior for cases that use predictive coding than cases with traditional review Which of the following is not a form of a TAR (technology assisted review)? A. Discussion threading B. predictive coding C. clustering D. near duplicate analysis E. concept searching F. keyword searching it's the process of removing exact copies and sometimes near matches of the same message or file from a data set, thus reducing the number of files that need to be review. other methods can include "within custodian, across, and duplicate suppression." which is not an attribute of File metadata? A. size B. timestamps C. author D. revision A. size timestamp info is available in both system and file metadata size is an attribute of system metadata. System Metadata system metadata are attributes recorded by the operating system of a file. these attributes may include timestamps (create, last modified, last accessed) size, location, name of the the computer and owner of the file Which of the following is NOT a viable collection method? A. passive B. active C. self D. forensic A. passive what are the 5 collection methods? active, forensic, self, backup tape recovery, and remote Which is not an advantage of processing data in house? A. easier solution B. in house 1st pass review C. increased security D. spending less on processing costs A. easier solution disadvantages of processing data in house includes additional staff is needed; there are additional risks; and the need to explain exceptions (why certain files were not processed) Why is the volume of the data that organizations maintain been growing exponentially? A. document retention policies are carefully enforced B. data is being created faster than it is deleted C. users delete data at an alarming rate D. there is no good model for record retention policies B. data is being created faster than it is deleted business units continue to produce data without enforcing regular destruction policies How can a forensic examiner capture and review social media content for litigation? A. social media evidence can simply be downloaded from the web B. social media evidence can only be acquired directly from the social media provider C. social media content is discoverable through the same steps as other data types D. social media can be ignored in litigation. C. social media content is discoverable through the same steps as other data types it can be changed, corrupted or hacked easily, which means forensic examiners need to follow established protocol for discovery when training reviewers, all of the following are important to consider except? A. codes being used B. the oppositions review set C. privilege and confidentiality D. facts or issues in the matter B. the opposition's review set in response to a government subpoena, a law firm produces hundreds of thousands of documents from more than 160 custodians. Privileged documents are accidentally also produced because the vendor failed to apply privilege filters to a portion of the files. In this case, what might be the potential consequences? A. the vendor must pay and goes out of business B. the client is sued for failing to supervise their law firm C. there will be no negative consequences D. the law firm gets sues for malpractice for failing to supervise their vendor D. the law firm gets sues for malpractice for failing to supervise their vendor law firms have frequently been penalized or even sanctioned for failures committed by 3rd party vendors C. association how can data set be organized? chronologically, by custodian, location, documents containing certain search terms, alphabetically, by concept, or by email chain (conversation threads) De-duplication can be done by? A. data B. file type C. custodian D. file age C. custodian some custodians may not be involved in a given matter and can be excluded from a review Which of the following is a viable hash function? A. kernel B. MD5 C. SHA-3 D. Binary B MD5 what are the three major has techniques used? MD5 SHA-1 and SHA-2 even when image format is preferred by both parties, which of the following are usually produced in native format regardless? A. .PST B. .NSF C. .DOC D. .XLS D. XLS excel files are large docs with rows and columns, keeping them in their native format enables the recipient to view all info including hidden rows, columns, and formulas Which of the following is true concerning native production of ESI? A. the cost for native production is higher B. native docs have unique identifiers (bates numbers) associated with every page C. it is safer to produce native docs D. unique identifiers can be created only at the file level D. unique identifiers can be created only at the file level native records do not have fixed pagination and do not contain a unique identifier for each page of a record should it be printed. Assigning unique identifiers/bates numbers on a page level can only be accomplished if the records are imaged; therefore a unique identifier is commonly associated with the record on a file level basis Which of the following is NOT true of hash values? A. hashing is often used with native production B. hashing a file set can be expensive C. hash values can never change, even if the document does D. hashing associates a distinct large alphanumeric value with each document C. hash values can never change, even if the document does if hashed portions of an electronic file are changed in any fashion, then the hash value for that record will change. Which of the following is NOT a step in a good Quality Control (QC) process? A. a validation step to ensure each process was done correctly B. the copy of production media should be checked before providing it to the requesting part C. load files should be tested D. a check that all hash values are unique B. the copy of production media should be checked before providing it to the requesting part if the dataset was not de-duplicated, you will have duplicate hash values within your production set. At the initial processing stage there will be a validation of the hash values as compared to the source data the following are advantages of using image format EXCEPT? A. no information can be lost in image format B. the format is difficult to alter C. the output can be labeled with numbering and protective order information D. it can be easily printed and used in paper format A. no info can be lost in image format A. choose the least expensive vendor while an attorney should have the budgetary concerns of his or her client in mind, price is only one of many considerations, including quality and reputation, that factor into vendor selection. The duty of confidentiality includes? A. not sharing with opposing counsel any information that might hurt your client's case B. not revealing the name of the client to subcontractors C. not telling the court if a client misrepresents himself D. taking adequate steps to maintain privilege. D. taking adequate steps to maintain privilege what does Rule 1.6 of the ABA model rule state? a lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client. The disclosure of any information is prohibited if it would compromise the attorney-client privilege." Adequate steps may include negotiating a "clawback" order stipulating that privilege is not waived to any privileged materials that are disclosed to adversaries. what is one of the ethical duties required of a practicing attorney? A. duty of correction B. duty of competency C. mentoring D. duty of collection B. duty of competency codes of professional responsibility, including the ABA model rules of professional conduct, require an attorney to provide competent representation to his or her client "requires legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation" Outside counsel may data mine evidence communications for hidden metadata that may be privileged. The best way to avoid this is: A. don't produce any files until they've been reviewed by in house attorneys B. remove all metadata from communications C. get a rule 502(d) clawback order from the court before production D. take steps to assure there is no privileged material included within the metadata A. don't produce any files until they have been reviewed by in house attorneys counsel may be responsible for performing privilege review of materials that is disclosing to adversaries, including metadata What is NOT one of the potential sanctions a court may impose? A. default judgment B. monetary penalties C. disbarment D. dismissal of action E. adverse jury instruction C. disbarment attorney's usually get disbarred by their state bar and their disciplinary body. discovery pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party. by extension, e- discovery is discovery of ESI e-discovery specialist responsible for presenting data to his/her clients in the most complete, understandable, and readable format possible. ESI electronically stored information information created, manipulated, communicated, stored and best utilized in digital form, requiring use of computer hardware and software FRCP Federal Rules of Civil Procedure A company was recently served with a copyright was recently served with a copyright infringement lawsuit. in addition, several third parties served the company with subpoenas seeking the documents that will be produced in the lawsuit. the company wants to know if it is possible to reduce e-discovery costs by not reviewing any of the documents and agreeing to a clawback agreement with opposing counsel. will this agreement help reduce the costs related to e-discovery by allowing both parties to regain privileged documents after producing? A. yes, a clawback agreement with the other party is enough to guarantee that privileged documents will be protected against all parties