CRM Legal & Regulatory Compliance 5

Question 1

Which legal doctrine allows courts to instruct juries that they may draw negative inferences from a party's failure to preserve relevant evidence?

Accepted Answer

Adverse inference instruction

Answer

An adverse inference instruction (spoliation sanction) permits a jury to infer that destroyed or unavailable evidence would have been unfavorable to the party responsible for its loss.

Question 2

Under the Americans with Disabilities Act (ADA), medical records of employees must be kept separate from general personnel files and retained for how long?

Accepted Answer

Duration of employment plus 1 year; at least 3 years total

Answer

The ADA requires that employee medical records be maintained in separate confidential files and retained for the duration of employment plus at least 1 year, with a 3-year minimum.

Question 3

What is the significance of the 'business records exception' to the hearsay rule?

Accepted Answer

It allows regularly maintained business records to be admitted as evidence even though they are out-of-court statements

Answer

The business records exception (FRE 803(6)) allows properly maintained business records to be admitted as evidence despite the general hearsay exclusion because of their inherent reliability.

Question 4

ERISA requires that employee benefit plan records be retained for a minimum of how many years?

Accepted Answer

6 years

Answer

ERISA Section 107 requires that records supporting reports filed under ERISA be retained for not less than 6 years after the filing date.

Question 5

What is 'proportionality' in the context of e-discovery under the 2015 FRCP amendments?

Accepted Answer

The principle that discovery scope must be proportional to the needs of the case, considering costs and benefits

Answer

The 2015 FRCP amendments require courts and parties to limit discovery scope to what is proportional to the case's needs, weighing factors like importance, amount in controversy, and burden or expense.

(CRM) Certified Records Management Practice Test

(CRM) Certified Records Management Practice Test

CRM Legal & Regulatory Compliance 5