60 TEST BANK A—UNIT ONE: THE LEGAL ENVIRONMENT OF BUSINESS
CHAPTER 2—INSIGHT INTO E–COMMERCE:
HOW THE INTERNET IS EXPANDING PRECEDENT
A2. In a brief filed in Lea’s suit against Mica in a state court, Neil, Lea’s attorney, cites, Ole!
Cafe v. Pan Foods Corp., an unpublished opinion. With respect to the persuasiveness
of unpublished opinions, most states
a. allow their courts to consider such opinions.
b. do not allow their courts to consider such opinions.
c. impose certain hierarchical rankings.
d. require their courts to consider such opinions.
CHAPTER 3—SHIFTING LEGAL PRIORITIES FOR BUSINESS:
THE DUTY TO PRESERVE ELECTRONIC EVIDENCE FOR DISCOVERY
A3. Capital Credit Company files a suit against Downtown Developers, Inc., and seeks, as
part of discovery, certain electronic documents in Downtown’s possession. Downtown
did not preserve the requested data—e-mail messages among employees. The court is
not likely to sanction Downtown if
a. the data was not saved because there was no reasonable anticipation of
litigation.
b. Downtown can provide the e-mail but without attachments.
c. Downtown inadvertently failed to suspend its e-mail deletion system.
d. Downtown can provide e-mail the employees sent but not e-mail they
received.