CRM Legal & Regulatory Compliance 2

Question 1

Under the Federal Rules of Civil Procedure (FRCP), what is the term for the duty to preserve potentially relevant records once litigation is reasonably anticipated?

Accepted Answer

Litigation hold

Answer

A litigation hold (also called a legal hold) is the obligation to preserve records and data once litigation is reasonably anticipated, required under FRCP.

Question 2

Which U.S. law establishes criminal penalties for destroying records with intent to obstruct a federal investigation?

Accepted Answer

Sarbanes-Oxley Act Section 802

Answer

SOX Section 802 makes it a federal crime to destroy, alter, or falsify records with intent to obstruct a federal investigation, with penalties up to 20 years.

Question 3

What does the term 'spoliation' mean in the context of records and litigation?

Accepted Answer

The intentional or negligent destruction of evidence relevant to litigation

Answer

Spoliation refers to the destruction, alteration, or concealment of evidence relevant to pending or anticipated litigation, which can result in adverse inference sanctions.

Question 4

Which regulation specifically governs records management requirements for U.S. federal agencies?

Accepted Answer

44 U.S.C. Chapters 29, 31, and 33

Answer

44 U.S.C. Chapters 29, 31, and 33 (the Federal Records Act) establish the records management requirements for U.S. federal agencies.

Question 5

A company receives a subpoena duces tecum. What must the records manager do immediately?

Accepted Answer

Issue a litigation hold and notify legal counsel

Answer

Upon receiving a subpoena duces tecum, the records manager must immediately issue a litigation hold and notify legal counsel to preserve relevant records.

(CRM) Certified Records Management Practice Test

(CRM) Certified Records Management Practice Test

CRM Legal & Regulatory Compliance 2