62 TEST BANK B—UNIT ONE: THE LEGAL ENVIRONMENT OF BUSINESS
CHAPTER 2—INSIGHT INTO E-COMMERCE:
HOW THE INTERNET IS EXPANDING PRECEDENT
B2. In a brief filed in Gene’s suit against Hoyt in a federal court, Ilsa, Gene’s attorney,
cites, Jon v. Klint, an unpublished opinion. According to a ruling of the United States
Supreme Court, the judge in Gene’s suit
a. may consider the unpublished opinion persuasive.
b. must apply the unpublished opinion as binding.
c. must ignore the unpublished opinion.
d. must issue a judgment in Hoyt’s favor.
CHAPTER 3—SHIFTING LEGAL PRIORITIES FOR BUSINESS:
THE DUTY TO PRESERVE ELECTRONIC EVIDENCE FOR DISCOVERY
B3. In Eastside Grocery Company’s suit against Fresh Foods, Inc., Fresh seeks to discover
electronically stored information (ESI) that should be in Eastside’s possession. If
Eastside did not preserve the ESI despite a clear duty to do so, the company should
most likely
a. ask the court to sanction Fresh for an unreasonable request.
b. reconstruct the ESI to the best of its ability.
c. refuse to provide the ESI on the ground that it is confidential.
d. settle the dispute.