Evidence Gathering & Case Preparation Flashcards

Under FRCP 37(e), the most severe sanctions for lost electronically stored information, such as an adverse inference instruction or default judgment, require a finding that the party:

Answer: Acted with intent to deprive another party of the information

FRCP 37(e)(2) reserves adverse inference, dismissal, or default for cases where the party acted with intent to deprive another party of the ESI's use.

Which Federal Rule of Evidence allows electronic data copied from a device to be self-authenticated through a certification that the copy was verified by a process of digital identification, such as hash values?

Answer: FRE 902(14)

FRE 902(14) covers data copied from an electronic device, storage medium, or file, authenticated by a qualified person's certification of hash-value verification.

Under the Federal Rules of Evidence, a document qualifies for the ancient documents hearsay exception if it was prepared before what date?

Answer: January 1, 1998

Amended FRE 803(16), effective December 1, 2017, applies only to authenticated documents prepared before January 1, 1998.

In a criminal defense investigation, the prosecution's constitutional duty to disclose material exculpatory evidence to the defense arises from which case?

Answer: Brady v. Maryland

Brady v. Maryland (1963) held that suppressing material evidence favorable to the accused violates due process.

When photographing a small item of physical evidence such as a shoe impression, best practice is to take:

Answer: An overall, a mid-range, and a close-up both with and without a scale

The overall, mid-range, close-up sequence documents context and location, and close-ups with and without a scale show the item is unaltered and measurable.

A party wants the opposing party to formally concede the genuineness of documents to streamline trial. Which discovery device is designed for this purpose?

Answer: Rule 36 requests for admission

FRCP 36 lets a party request admission of facts, the application of law to fact, or the genuineness of described documents.

Under the Gramm-Leach-Bliley Act, an investigator who calls a bank posing as the account holder to obtain the person's account balance is engaged in:

Answer: Prohibited pretexting for customer financial information

GLBA (15 U.S.C. § 6821) prohibits obtaining customer financial information from a financial institution through false pretenses.