Question 1

How much information must the initial disclosure contain about documents and other tangible things?

Accepted Answer

The disclosure must provide enough information so that the recipient can decide whether to include the documents and tangible things in the discovery plan and determine how it can be obtained through the discovery procedures.

Question 2

Briefly, how do the Rules of Evidence help to implement the policy of full access to the evidence?

Accepted Answer

The rules give each party the right and opportunity to ask for information and evidence from other parties and require each party to fully disclose the evidence he or she knows about when properly asked. The initial disclosure requirement of the new rules takes the philosophy of discovery one step further.

Question 3

Why should an investigator have a theory about how the accident occurred or why the claim arose?

Accepted Answer

A plausible, reasonable theory about how and why the accident occurred or why the parties' transaction failed to provide direction for the investigation. The theory of what happened often suggests what evidence ought to exist and where that evidence may be found.

Question 4

DEFINE
-attorneys work product

Accepted Answer

A doctrine or rule that prevents a party

Question 5

What do the new discovery rules indicate about a party's duty to disclose information concerning the damages that party claims?

Accepted Answer

The Rule implies that for each item for

Question 6

Are an investigator's communications with a witness privileged or otherwise protected from inquiry by the opposing party and his or her representatives?

Accepted Answer

No. Just like a lawyer, an investigator

Question 7

Whenever a party serves a discovery request upon one party, a copy of the request must be served upon all other parties.

Accepted Answer

A) True 
 B)False

Question 8

It is perfectly proper to help a witness to be accurate with estimates and recollections.

Accepted Answer

A) True 
 B)False

Question 9

Why is it necessary for courts to conduct trials, rather than simply listen to the parties' stories and then declare the parties' rights and obligations?

Accepted Answer

A trial is like a laboratory where the e

Question 10

The rules of discovery provide that discovery may be conducted only while an action is pending.

Accepted Answer

A) True 
 B)False

Question 11

Is there a procedure in civil litigation by which a person can obtain leave from a court to take another person's oral deposition for the purpose of discovering evidence or preserving evidence even though a lawsuit has not yet been commenced?

Accepted Answer

Yes. An oral deposition may be authorize

Question 12

What is a court ordered discovery plan?

Accepted Answer

Rule 26(f) requires parties to prepare a

Question 13

Paralegals may play a major role in the preparation of the Discovery Plan and in working out the details of the plan.

Accepted Answer

A) True 
 B)False

Question 14

Why is it a good idea, if not essential, to get an early start on an investiga- tion?

Accepted Answer

The effectiveness of an investigation is

Question 15

DEFINE
-sanctions

Accepted Answer

A civil penalty that a court i

Question 16

DEFINE
-judgment

Accepted Answer

The court's final declaration of the par

Question 17

If a fact is alleged in the complaint and is admitted in the answer, is it necessary for either party to offer evidence at trial to prove that fact?

Accepted Answer

No. The alleged fact is not controverted

Question 18

Each party has the duty to supplement responses to discovery, including the duty to disclose new information that has been acquired since the original disclosure, in order that the responses be complete.

Accepted Answer

A) True 
 B)False

Question 19

What recourse does a party have if another party fails to comply with discovery demands?

Accepted Answer

According to Rule 37, the part

Question 20

DEFINE
-fact

Accepted Answer

A truth; an absolute; somethin

Exam 7: Gathering Evidence

How much information must the initial disclosure contain about documents and other tangible things?

Briefly, how do the Rules of Evidence help to implement the policy of full access to the evidence?

Why should an investigator have a theory about how the accident occurred or why the claim arose?

DEFINE -attorneys work product

What do the new discovery rules indicate about a party's duty to disclose information concerning the damages that party claims?

Are an investigator's communications with a witness privileged or otherwise protected from inquiry by the opposing party and his or her representatives?

Whenever a party serves a discovery request upon one party, a copy of the request must be served upon all other parties.

It is perfectly proper to help a witness to be accurate with estimates and recollections.

Why is it necessary for courts to conduct trials, rather than simply listen to the parties' stories and then declare the parties' rights and obligations?

The rules of discovery provide that discovery may be conducted only while an action is pending.

Is there a procedure in civil litigation by which a person can obtain leave from a court to take another person's oral deposition for the purpose of discovering evidence or preserving evidence even though a lawsuit has not yet been commenced?

What is a court ordered discovery plan?

Paralegals may play a major role in the preparation of the Discovery Plan and in working out the details of the plan.

Why is it a good idea, if not essential, to get an early start on an investiga- tion?

DEFINE -sanctions

DEFINE -judgment

If a fact is alleged in the complaint and is admitted in the answer, is it necessary for either party to offer evidence at trial to prove that fact?

Each party has the duty to supplement responses to discovery, including the duty to disclose new information that has been acquired since the original disclosure, in order that the responses be complete.

What recourse does a party have if another party fails to comply with discovery demands?

DEFINE -fact

Litigation Principles

Lawyer and Client Relationship and Ethics

Court Organization

Causes of Action and Remedies

Affirmative Defenses

Introduction to Federal Procedure

Evidence

Conducting an Investigation

Expert Witnesses

Interrogatories

Oral Depositions

Preparing Client for Deposition

Medical Examinations and Records

Inspection of Property, Documents, and Things

Requests for Admissions

Motions

Preparation for Trial

Structure of a Civil Trial

Judgments

Appeals

Settlements, Releases, and Dismissals

Arbitration and Mediation Glossary

Filters