ACEDS TEST EXAM AND STUDY GUIDE EXAM (2 VERSIONS) NEWEST
2026 (GRADED A+ 100% DETAILED VERIFIED ANSWERS)
Which of the following non-party information would not be considered in the control of you
client?
A. an overseas data farm
B. online collaborative tools such as for document writing
C. surveillance tapes from a nearby building
D. cloud based email applications - ANSWER-C. surveillance tapes from a nearby building
The following are all typically part of an e-discovery team EXCEPT?
A. processing personnel
B. IT personnel
C. opposition's discovery liaison
D. client contact - ANSWER-C. opposition's discovery liaison
Which would be a likely reason for a non-party host to want to produce raw data?
A. confidentiality
B. cost
C. security
D. timeliness - ANSWER-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 - ANSWER-C. negotiating with opposing counsel
Evidence rule 502 protects attorneys from?
A. sanctions
B. prosecution
C. accidental deletion
D. inadvertent production - ANSWER-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 - ANSWER-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 - ANSWER-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. - ANSWER-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 - ANSWER-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 - ANSWER-C. use only standard forensic protocols
there are no standard protocols for forensic inspection. the forensic protocol is created by
the parties based upon the facts of the case and employs sound procedures which will
produce reliable information consistently. they are created not only to protect potentially
2026 (GRADED A+ 100% DETAILED VERIFIED ANSWERS)
Which of the following non-party information would not be considered in the control of you
client?
A. an overseas data farm
B. online collaborative tools such as for document writing
C. surveillance tapes from a nearby building
D. cloud based email applications - ANSWER-C. surveillance tapes from a nearby building
The following are all typically part of an e-discovery team EXCEPT?
A. processing personnel
B. IT personnel
C. opposition's discovery liaison
D. client contact - ANSWER-C. opposition's discovery liaison
Which would be a likely reason for a non-party host to want to produce raw data?
A. confidentiality
B. cost
C. security
D. timeliness - ANSWER-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 - ANSWER-C. negotiating with opposing counsel
Evidence rule 502 protects attorneys from?
A. sanctions
B. prosecution
C. accidental deletion
D. inadvertent production - ANSWER-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 - ANSWER-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 - ANSWER-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. - ANSWER-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 - ANSWER-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 - ANSWER-C. use only standard forensic protocols
there are no standard protocols for forensic inspection. the forensic protocol is created by
the parties based upon the facts of the case and employs sound procedures which will
produce reliable information consistently. they are created not only to protect potentially
