ACEDS FINAL ACTUAL EXAM 2024
QUESTIONS WITH DETAILED
VERIFIED AND 100% CORRECT
ANSWERS
ACTUAL BRAND-NEW
EXAM ALREADY
GRADED A+
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
1
,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
2
,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.
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
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, D. Use Data Maps or data surveys of IT systems -
....ANSWER...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 - ....ANSWER...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 - ....ANSWER...A. Budget
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