Computer Records

Question 15 options:

Can not be admitted under the hearsay rule

Can be admitted under the Business records exception

Can be admitted under best evidence rule

Can not be accepted under any circumstances.

Question 16(1 point)

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A suspect in a fraud case used an excelspreadsheetto contain illegal betting information.f

Question 16 options:

This evidence would be considered computer generated records

This evidence would be considered computer stored evidence

The evidence would be considered both 1 and 2.

None of the above.

Question 17(1 point)

What issues must thegovernment face in establishing the use of computer records:

Question 17 options:

Government must provide evidence sufficient to support a finding that the matter in question is what it proponent claims.

If the computer stored records contain human statementsthat they arenot in admissible hearsay.

Both issues are relevant

Neither issues are relevant

Question 18(1 point)

A witness who testifies about the authenticity

Question 18 options:

Must have special qualifications

Must have programmed the computer

Must understand technical operation of the computer

None of the above

Question 19(1 point)

Internet communications authors provide an unusual degree of anonymity so for the Government to admit computer stored evidence against an individual they

Question 19 options:

Must use Circumstantial evidence

must provide testimony

must have collaborating evidence

None of the above

Question 20(1 point)

Exceptions to the hearsay rule include

Question 20 options:

A statement by the opposing party in a lawsuit that is inconsistent with he /she said in court

business entries made in the regular course of business when a qualified witness can identify the records and tell how they were kept

Official government documents which can be shown to be properly kept

all of the above

Question 21(1 point)

Valid challenges to the authenticity of computer records include

Question 21 options:

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parties may challenge the authenticity of both computer-generated and computer-stored records by questioning whether the records were altered, manipulated, or damaged after they were created

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parties may question the authenticity of computer-generated records by challenging the reliability of the computer program that generated the records

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parties may challenge the authenticity of computer-stored records by questioning the identity of their author.

All of the above

Question 22(1 point)

Heresay rule

Question 22 options:

The basic rule that testimony or documents which quote persons not in court are not admissible

In hearsaya Person who supposedly knew the facts is not in court to state his/her exact words, the trier of fact cannot judge the demeanor and credibility of the alleged first-hand witness

Both of the above

Neither of the above

Question 23(1 point)

As soon as a party is aware that a litigation is eminent the parties attorney should

Question 23 options:

Should send a litigation hold letter to the opposing party

Should obtain a restraining order

Should do nothing until the Civil Trial

Should personally seize the opposing parties computers

Question 24(1 point)

A form of sanction a court could impose on a party that does not retain electronic data

Question 24 options:

Declare the offending party has having lost the case

Order the offending party to pay attorney fees and cost.

Order the offending party to pay money damages.

All of the above

Question 25(1 point)

What is e-discovery?

Question 25 options:

Extra discovery that is conducted

Exchange of information in electronic format (ESI)

It is exchange of paper documents

None of the above