Legal & Regulatory Compliance Flashcards
7 cards from real CRM practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal & Regulatory Compliance flashcards as text
Which legal doctrine allows courts to instruct juries that they may draw negative inferences from a party's failure to preserve relevant evidence?
Answer: Adverse inference instruction
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.
Under the Americans with Disabilities Act (ADA), medical records of employees must be kept separate from general personnel files and retained for how long?
Answer: Duration of employment plus 1 year; at least 3 years total
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.
What is the significance of the 'business records exception' to the hearsay rule?
Answer: It allows regularly maintained business records to be admitted as evidence even though they are out-of-court statements
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.
ERISA requires that employee benefit plan records be retained for a minimum of how many years?
Answer: 6 years
ERISA Section 107 requires that records supporting reports filed under ERISA be retained for not less than 6 years after the filing date.
What is 'proportionality' in the context of e-discovery under the 2015 FRCP amendments?
Answer: The principle that discovery scope must be proportional to the needs of the case, considering costs and benefits
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.
Which law governs records management and disposition requirements for records of the U.S. Congress?
Answer: Congressional Accountability Act and each chamber's own rules
Congressional records are governed by the Congressional Accountability Act and each chamber's own rules, as Congress is not subject to the Federal Records Act.
An organization's records manager must assess whether a new cloud storage contract meets compliance requirements. Which clause is MOST critical to verify?
Answer: Data location, access controls, audit logging, and right to audit provisions
From a compliance standpoint, the most critical contract provisions are those addressing data location (jurisdiction), access controls, audit logging, and the organization's right to audit for regulatory compliance.