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Question 1
Discovery is primarily used to:
Correct The discovery process exists so that parties can gather facts and information regarding the case, including witness statements, documents, etc., prior to and in preparation for trial.
Incorrect! The discovery process exists so that parties can gather facts and information regarding the case, including witness statements, documents, etc., prior to and in preparation for trial.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 2
Carla was in a car accident with Bobby. Carla brought a lawsuit against Bobby for negligence and damages as well as medical expenses. During discovery, Bobby's attorney requested that Carla's child custody agreement for her daughter Annie be sent to them. Carla's attorney objected. How should a court rule on the attorney's request?
Correct
Incorrect!
Correct
Incorrect!
Correct In this example, the child custody agreement would have little if any relevance to the car accident. The discovery rules in the Federal Rules of Civil Procedure require that all information must be relevant to the substance of the lawsuit.
Incorrect! In this example, the child custody agreement would have little if any relevance to the car accident. The discovery rules in the Federal Rules of Civil Procedure require that all information must be relevant to the substance of the lawsuit.
Correct
Incorrect!
Question 3
Scarlett was involved in a motorcycle accident with Tom. Scarlett had given a statement to the police about the accident. In the statement, she stated that Tom had run the red light with his SUV and struck her motorcycle. She also made the statement that he was slurring his speech and smelled of alcohol. When she was preparing for her deposition, she sent a request to the police to see her statement. However, the police informed her that they had received a formal request from Tom's attorney to prevent her from having access to it. Was the police's conduct proper under the Federal Rules of Civil Procedure?
Correct
Incorrect!
Correct Parties who give statements have unlimited access to their statements as of right. Note, however, that this includes only their own statements.
Incorrect! Parties who give statements have unlimited access to their statements as of right. Note, however, that this includes only their own statements.
Correct
Incorrect!
Correct
Incorrect!
Question 4
Discovery procedure under the Federal Rule of Civil Procedure requires that which of the following must be disclosed when calling an expert witness at trial?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Rule 26(a)(2) provides that a party calling an expert witness must disclose to the other party a report which 'shall contain a complete statement of all opinions to be expressed and the basis and reasons therefor; the data or other information considered by the witness in forming the opinions; any exhibits to be used as a summary of or support for the opinions; the qualifications of the witness, including a list of all publications authored by the witness within the preceding ten years; the compensation to be paid for the study and testimony; and a listing of any other cases in which the witness has testified as an expert at trial or by deposition within the preceding four years'
Incorrect! Rule 26(a)(2) provides that a party calling an expert witness must disclose to the other party a report which 'shall contain a complete statement of all opinions to be expressed and the basis and reasons therefor; the data or other information considered by the witness in forming the opinions; any exhibits to be used as a summary of or support for the opinions; the qualifications of the witness, including a list of all publications authored by the witness within the preceding ten years; the compensation to be paid for the study and testimony; and a listing of any other cases in which the witness has testified as an expert at trial or by deposition within the preceding four years'
Question 5
Interrogatories may be submitted to the following persons:
Correct
Incorrect!
Correct Rule 33 allows the discovery process of the 'interrogatory' to be used on parties to the action only.
Incorrect! Rule 33 allows the discovery process of the 'interrogatory' to be used on parties to the action only.
Correct
Incorrect!
Correct
Incorrect!
Question 6
Depositions are a favorite discovery device because: (I) They offer the attorneys latitude in asking questions in person (II) The party may submit written answers with the aid of their attorneys. (III) They offer the attorney an opportunity to observe the witness or party in person (IV) They offer the attorney an opportunity to discredit a witness prior to trial.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Depositions allow and attorney to question a witness on a wide variety of topics and are very broad in terms of the questions that may be asked. In addition, depositions are done in person, allowing the attorney to observe the demeanor and reactions of the witness. IV is incorrect because a judge or jury is not present at the deposition and so discrediting the witness will not have a great effect on the trial. An attorney is best served to leave the discrediting until the judge and jury are present, during trial.
Incorrect! Depositions allow and attorney to question a witness on a wide variety of topics and are very broad in terms of the questions that may be asked. In addition, depositions are done in person, allowing the attorney to observe the demeanor and reactions of the witness. IV is incorrect because a judge or jury is not present at the deposition and so discrediting the witness will not have a great effect on the trial. An attorney is best served to leave the discrediting until the judge and jury are present, during trial.
Question 7
The purpose of protective orders is:
Correct A protective order may be sought by a party from the presiding judge to prevent the discovery of information that would be embarrassing, offensive or expensive to produce if that information is not needed at trial or can be obtained elsewhere.
Incorrect! A protective order may be sought by a party from the presiding judge to prevent the discovery of information that would be embarrassing, offensive or expensive to produce if that information is not needed at trial or can be obtained elsewhere.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 8
Rule 11 provides that an attorney or party who affixes their signature to any court document:
Correct
Incorrect!
Correct Rule 11 provides that an attorney or party who affixes their signature to any court document attests to the validity of the information contained to the best of their knowledge or belief. The purpose of Rule 11 is to prevent the filing or frivolous or false papers by forcing the attorney to vouch for the information contained in the filing.
Incorrect! Rule 11 provides that an attorney or party who affixes their signature to any court document attests to the validity of the information contained to the best of their knowledge or belief. The purpose of Rule 11 is to prevent the filing or frivolous or false papers by forcing the attorney to vouch for the information contained in the filing.