ACEDs Practice Test Questions And
Answers Verified 100% Correct
In a case involving a large volume of ESI, the defendant wants to use
Technology-Assisted Review (TAR) to reduce costs and speed up the
review and production of documents. Opposing counsel has objected
and raised the issue to the court. The court has taken the position that
parties are free to review and produce documents using any
methodology they choose provided that the reviewing party is prepared
to certify in good faith that all reasonable steps were taken to produce
relevant materials.
What is the best way counsel for the defendant may reduce the
possibility that the requesting party can successfully challenge the
production?
A) Be transparent, open-minded, and reveal the TAR review statistics.
B) Disclose the seed set to the requesting party.
C) Explain to opposing counsel the capabilities of TAR software and
process.
D) Get the court's prior approval before using TAR. - ANSWER -A
Company A maintains an email backup policy that preserves full
backup tapes of data on the Exchange email server for each month of the
most recent year and one tape as of December 31st for each of the past
three years.
Plaintiff Store B sued Company A for breach of a contract entered into
four months ago that was negotiated over a three-month period.
Company A's document retention policy provides that employees should
retain all company emails for a period of one year. Store B has
demanded that Company A obtain, review, and produce data from its
backup tapes for each of the past seven months.
Under which condition would Company A be more likely to win cost-
shifting from Store B for searching the seven monthly backup tapes?
,A) If Company A can demonstrate that the relevant custodians did not
delete any relevant emails from their Exchange accounts within the past
four months
B) If Company A can demonstrate that the Exc - ANSWER -B
Company A provides various information storage services to hospitals
and is currently being sued for various confidentiality violations. When
Company A made its initial disclosures pursuant to FRCP
26(a)(1)(A)(ii), it did not identify certain potentially relevant HR records
that were mentioned during the deposition of one of its employees.
However, those particular records were reported lost long before the
plaintiff filed suit. The plaintiff argued that because the records existed
at one time and were potentially relevant, they should have been, at the
very least, identified by Company A. The plaintiff also argued that
Company A's failure to give a description of the records was a violation
of Rule 26 and the court should impose sanctions.
What is the most likely determination a judge will make regarding the
plaintiff's request for sanctions?
A) Sanctions will be granted because Company A spoliated data by
failing t - ANSWER -D
In connection with an intellectual property lawsuit filed against them, a
company needs to produce ESI from the desktops and laptops of 400
salespeople and 100 executives who work at the company. The company
hires a vendor to capture a forensic image of each machine.
Of the processes listed below, which is mostly likely to reduce the
volume of data and also reduce the cost of processing the ESI with no
risk of removing any user-created data?
A) Deduplication
B) Search term filter
C) File signature restriction
D) De-NISTing - ANSWER -D
A mid-size international company with offices in the New York, Paris,
Dubai, and Singapore, has been sued by a competitor in a U.S. federal
, court for trade secret theft. The plaintiff has just sent its first request for
production, which covers unique ESI contained on the company-issued
mobile device of the defendant's chief revenue officer (CRO). The CRO
is an American citizen with her primary place of residence in New York
City. At this time, however, the CRO is on a business trip in Europe and
is scheduled to return to New York in two weeks. The defendant's U.S.-
based outside counsel has asked the e-discovery team at their firm to
engage a specialist to collect ESI from the CRO's mobile device as soon
as possible. What is the best recommendation that the e-discovery
specialist can give the attorney to make collection easier and less risky?
A) Engage a European specialist to immediately image the device and
ship th - ANSWER -B
A CEO is considering suing a business partner for trade secret theft and
set a meeting to get advice from his attorneys. Some weeks later, the
attorneys filed suit and the opposing party countersued, sending the CEO
a preservation and legal hold letter. In the interim, the CEO's computer
had been stolen, and when it came time for production, the CEO did not
produce documents the business partner insisted he should have.
On a motion for sanctions, what would be the best evidence to use
against the argument that the CEO destroyed potentially relevant ESI?
A) A copy of the police report from when the computer was stolen.
B) Written notice to the opposing party regarding loss of the computer.
C) A statement from the CEO documenting the loss of the computer.
D) Offering to pay the costs of deposing the CEO regarding the
computer. - ANSWER -A
An equipment rental firm is under investigation for potentially
overcharging customers enrolled in a discount program. The
investigating party has requested billing records in a format such that the
receiving party can identify customers enrolled in the discount program
and invoices issued during the period in question. Assume the equipment
rental firm records are hosted on a database and that the investigative
party does not have software to access the database.
Answers Verified 100% Correct
In a case involving a large volume of ESI, the defendant wants to use
Technology-Assisted Review (TAR) to reduce costs and speed up the
review and production of documents. Opposing counsel has objected
and raised the issue to the court. The court has taken the position that
parties are free to review and produce documents using any
methodology they choose provided that the reviewing party is prepared
to certify in good faith that all reasonable steps were taken to produce
relevant materials.
What is the best way counsel for the defendant may reduce the
possibility that the requesting party can successfully challenge the
production?
A) Be transparent, open-minded, and reveal the TAR review statistics.
B) Disclose the seed set to the requesting party.
C) Explain to opposing counsel the capabilities of TAR software and
process.
D) Get the court's prior approval before using TAR. - ANSWER -A
Company A maintains an email backup policy that preserves full
backup tapes of data on the Exchange email server for each month of the
most recent year and one tape as of December 31st for each of the past
three years.
Plaintiff Store B sued Company A for breach of a contract entered into
four months ago that was negotiated over a three-month period.
Company A's document retention policy provides that employees should
retain all company emails for a period of one year. Store B has
demanded that Company A obtain, review, and produce data from its
backup tapes for each of the past seven months.
Under which condition would Company A be more likely to win cost-
shifting from Store B for searching the seven monthly backup tapes?
,A) If Company A can demonstrate that the relevant custodians did not
delete any relevant emails from their Exchange accounts within the past
four months
B) If Company A can demonstrate that the Exc - ANSWER -B
Company A provides various information storage services to hospitals
and is currently being sued for various confidentiality violations. When
Company A made its initial disclosures pursuant to FRCP
26(a)(1)(A)(ii), it did not identify certain potentially relevant HR records
that were mentioned during the deposition of one of its employees.
However, those particular records were reported lost long before the
plaintiff filed suit. The plaintiff argued that because the records existed
at one time and were potentially relevant, they should have been, at the
very least, identified by Company A. The plaintiff also argued that
Company A's failure to give a description of the records was a violation
of Rule 26 and the court should impose sanctions.
What is the most likely determination a judge will make regarding the
plaintiff's request for sanctions?
A) Sanctions will be granted because Company A spoliated data by
failing t - ANSWER -D
In connection with an intellectual property lawsuit filed against them, a
company needs to produce ESI from the desktops and laptops of 400
salespeople and 100 executives who work at the company. The company
hires a vendor to capture a forensic image of each machine.
Of the processes listed below, which is mostly likely to reduce the
volume of data and also reduce the cost of processing the ESI with no
risk of removing any user-created data?
A) Deduplication
B) Search term filter
C) File signature restriction
D) De-NISTing - ANSWER -D
A mid-size international company with offices in the New York, Paris,
Dubai, and Singapore, has been sued by a competitor in a U.S. federal
, court for trade secret theft. The plaintiff has just sent its first request for
production, which covers unique ESI contained on the company-issued
mobile device of the defendant's chief revenue officer (CRO). The CRO
is an American citizen with her primary place of residence in New York
City. At this time, however, the CRO is on a business trip in Europe and
is scheduled to return to New York in two weeks. The defendant's U.S.-
based outside counsel has asked the e-discovery team at their firm to
engage a specialist to collect ESI from the CRO's mobile device as soon
as possible. What is the best recommendation that the e-discovery
specialist can give the attorney to make collection easier and less risky?
A) Engage a European specialist to immediately image the device and
ship th - ANSWER -B
A CEO is considering suing a business partner for trade secret theft and
set a meeting to get advice from his attorneys. Some weeks later, the
attorneys filed suit and the opposing party countersued, sending the CEO
a preservation and legal hold letter. In the interim, the CEO's computer
had been stolen, and when it came time for production, the CEO did not
produce documents the business partner insisted he should have.
On a motion for sanctions, what would be the best evidence to use
against the argument that the CEO destroyed potentially relevant ESI?
A) A copy of the police report from when the computer was stolen.
B) Written notice to the opposing party regarding loss of the computer.
C) A statement from the CEO documenting the loss of the computer.
D) Offering to pay the costs of deposing the CEO regarding the
computer. - ANSWER -A
An equipment rental firm is under investigation for potentially
overcharging customers enrolled in a discount program. The
investigating party has requested billing records in a format such that the
receiving party can identify customers enrolled in the discount program
and invoices issued during the period in question. Assume the equipment
rental firm records are hosted on a database and that the investigative
party does not have software to access the database.
