CCSK Question #104: Real Exam Question with Answer & Explanation

The correct answer is B. True. In the US, the legal doctrine of litigation hold requires parties to preserve data they reasonably anticipate will be relevant to litigation or a government investigation.

Question

Generally speaking, in the United States, a party is obligated to take reasonable steps to prevent the destruction or modification of data in its possession that it reasonably should know, is relevant to an anticipated litigation or government investigation.

Options

AFalse
BTrue

Explanation

In the US, the legal doctrine of litigation hold requires parties to preserve data they reasonably anticipate will be relevant to litigation or a government investigation.

Common mistakes.

A. False is incorrect because the duty to preserve is a well-established legal obligation under FRCP Rule 37(e) and extensive case law, not merely a best practice.

Concept tested. Legal hold duty to preserve ESI

Reference. https://www.law.cornell.edu/rules/frcp/rule_37

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