DOMAIN 3 - THIRD-PARTY AUDITS AND ATTESTATIONS, ELECTRONIC DISCOVERY

Question 1

It is critical for a provider to publish, and a customer to evaluate, the scope of the__________ , and which features and services are included in the ___________.

Answer 1

assessment

Question 2

In particular, discovery need not be
limited to documents known at the outset to be admissible as evidence in court; instead, discovery
will apply to all documents reasonably calculated to lead to admissible evidence (evidence that is both
relevant and probative). See _____________

Answer 2

Rule 26, Federal Rules of Civil Procedure (FRCP).

Question 3

in some cases, the jury may be given an instruction on an “adverse inference” (where a jury is instructed to assume that the destroyed evidence contains the worst possible information for the party that destroyed it). See _______. As a result of the ongoing litigation in this area, the FRCP have been changed to clarify the obligations of the parties, especially in the case of electronically stored information (ESI).

Answer 3

Rule 37, FRCP