As part of the e-discovery, an unfriendly ex-employee submitted a legal request for producing certain files stored on the server to your company. Which of the following investigations is most likely conducted? (Wentz QOTD)
A. Administrative investigation
B. Criminal investigation
C. Civil investigation
D. Regulatory investigation
Kindly be reminded that the suggested answer is for your reference only. It doesn’t matter whether you have the right or wrong answer. What really matters is your reasoning process and justifications.
My suggested answer is C. Civil investigation.
Discovery and E-Discovery
Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery.
Electronic discovery (also e-discovery or ediscovery) refers to discovery in legal proceedings such as litigation, government investigations, or Freedom of Information Act requests, where the information sought is in electronic format (often referred to as electronically stored information or ESI).
An investigation is a fact-finding process of logically, methodically, and lawfully gathering and documenting information for the specific purpose of objectively developing a reasonable conclusion based on the facts learned through this process.
Source: ANSI/ASIS INV.1-2015
Criminal investigation is an applied science that involves the study of facts that are then used to inform criminal trials. A complete criminal investigation can include searching, interviews, interrogations, evidence collection and preservation, and various methods of investigation. Modern-day criminal investigations commonly employ many modern scientific techniques known collectively as forensic science.
A civil investigation uncovers and assembles evidence necessary for a civil case dealing with private disputes between two parties. One party brings forward complaints that the other party failed to uphold its legal duty. Discovery is a common legal means to obtain evidence in a civil case.
Regulatory investigation means a formal request for information, civil investigative demand or civil proceeding, including requests for information related thereto, brought by or on behalf of a state Attorney General, the Federal Trade Commission, the Federal Communications Commission or any other federal, state, local or foreign governmental agency.
Source: Law Insider
Administrative investigation typically means an internal investigation initiated by the management or internal authorities on misconduct or a major unusual incident so that appropriate action can be taken to address any harm or risk of harm and prevent recurrence.
- Electronic discovery
- CONFERENCE OF INTERNATIONAL INVESTIGATORS
- Basic Investigative Standards: FOR FIRST RESPONDERS TO INTERNATIONAL CRIMES
- What Is the Difference Between a DOJ Civil Investigation and a DOJ Criminal Investigation?
- A.S.I. Civil and Criminal Investigations
- Civil Investigations
- First responder
- Private investigator
- Civil Investigation
- Civil investigative demand
- Administrative Investigations
- Investigative Standards for Background Investigations for Access to Classified Information
- 法律科技：eDiscovery 解釋及分析
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作為電子發現(e-discovery)的一部分，一位不友好的前僱員向您的公司提出了一項提供伺服器上的某些檔案的法律要求。 以下哪項調查最有可能進行？(Wentz QOTD)