civil lit chapter 6-13 review

A fact or circumstance that will defeat the plaintiff's claim, even when the plaintiff can prove every contention alleged in the complaint, is known as a(n) ________.

Affirmative defense

A party cannot refuse to respond to a request for admission because ________ it lacks the information needed to make the response, the requesting party can obtain the information in another way, the request is made with the service of the summons and complaint, All of these choices.

All of these choices

Interrogatories may be used to ________. determine the party's contentions, locate relevant documents, disclose the identities of both the lay and expert witnesses that an attorney intends to call at trial, All of these choices.

All of these choices

Purposes of discovery include ________. preventing one of the parties from winning the lawsuit by surprise or trickery, determining the truth or the falseness of the alleged facts that form the basis of the suit, examining the facts and weighing the advisability of proceeding with the case or settling early, All of these choices.

All of these choices

Requests for admission may include a request to admit ________. the truthfulness of facts and opinions, the genuineness of documents, the application of law to facts, All of these choices.

All of these choices

The attorney-client privilege may be lost or waived by the client ________. if the client does not intend the communication to be confidential, if the client discloses the communication to others or if a third party not related to the client is present during an attorney-client discussion, if in a multi-jurisdictional case, an associate attorney from a foreign nation owes loyalty to the nation rather than to the client, All of these choices.

All of these choices

The definition section of a set of interrogatories can ________. establish the meanings of often-used words, help conserve space, help shorten questions, All of these choices.

All of these choices

The written copy of a deposition is known as a(n) ________.

Transcript

If a party still refuses to comply after an order compelling cooperation is issued, the court can levy certain sanctions against the noncomplying party

True

If the attorney is present at the deposition to protect the interests of the client who is being deposed, the attorney is said to be defending the deposition.

True

A cross-claim is generally allowed when a claim by one defendant against another named defendant arises out of the same transaction or occurrence that is the subject matter of the complaint.

True

A nonparty may be required to produce documents at his or her deposition.

True

A party has 30 days to answer interrogatories, unless the interrogatories are served with the complaint.

True

A third-party complaint, unlike the cross-claim and counterclaim, is a separate pleading.

True

Although the confessor-penitent privilege belongs to the penitent, the law also protects a clergy member who has taken a religious oath not to reveal the content of counseling sessions.

True

Discovery is the legal process by which the parties to a lawsuit search for relevant facts.

True

In a document request, the following forms of ESI are discoverable: data stored in laptops, desktop PCs, PDAs, hard drives, mobile phones, fax machines, flash drives, digital cameras, and e-mail systems.

True

Interrogatories are best used at an early stage in the discovery process to help an attorney determine what documents are available for a later document production request.

True

Interrogatories may be used only between parties.

True

One primary disadvantage of the oral deposition is that it is inconvenient.

True

Sanctions for failure to comply with discovery requests are permitted against either or both the attorney and the client.

True

The Federal Rules require that formal notice of a deposition be given to the deponent and to each party.

True

The main goal of the request for admission is to simplify a lawsuit by reducing the number and nature of the points in controversy.

True

The request for admission relates only to parties in the lawsuit.

True

Three types of deposition summaries are the page-line, topical, and chronological.

True

A/an __________________ is a statement under penalty of perjury that certain facts are true or believed to be true

affidavit

A request that asks a party to admit in a single statement the truthfulness of two or more facts is called a(n) ________ request. inadmissible, compound, common interest, irrelevant

compound

Any request for admission that is not denied is ________ admitted.

deemed

The term redact is synonymous with ________. Duplicate, delete, copy, replace

delete

The act of making known that which was unknown or not fully known is referred to as ________.

disclosure

Anything with letters, exhibits, or marks recorded on it is a(n) ________.

document

A log used to track documents is known as a(n) ________.

document production log

The act of copying any document in its final form is known as ________.

engrossment

A litigant appears _____________ when it is there is only one side present.

ex parte

The legal means for securing the presence of a witness for a deposition is a(n) ________.

subpoena

Once an admission is made, ________. it is taken as proven, court permission is required in order for a party to withdraw the admission, it can be altered or denied when the party takes the witness stand, Either a or b

Either a or b

The secrecy of documents may be assured by ________. a protective order, a confidentiality order, Either a or b.

Either a or b

A deposition does not commit a deponent to one oral version of the facts.

False

A request for admission can be ignored or overlooked.

False

Highland Mall has sued a former tenant, Susie's Sewing Circle, for nonpayment of rent. The attorney for the mall, Jeffrey Stein, requests his paralegal, Donaldson, to arrange for the deposition of Susie Mitchell, the sole owner of Susie's Sewing Circle. The person placing Mitchell under oath is Stein.

False

Highland Mall has sued a former tenant, Susie's Sewing Circle, for nonpayment of rent. The attorney for the mall, Jeffrey Stein, requests his paralegal, Donaldson, to arrange for the deposition of Susie Mitchell, the sole owner of Susie's Sewing Circle. Donaldson may assist Stein by asking Mitchell questions at the deposition.

False

If a defendant in a lawsuit fails to object to the subject matter jurisdiction of the court prior to filing an answer, the defendant loses the right to object thereafter.

False

Interrogatories need not be answered under oath.

False

Sakata purchased a new car from Dan's Dealership. While she was driving the car home, the brakes failed, and Sakata was injured when the car careened into a telephone pole. Sakata sued both Dan's Dealership and the car manufacturer in the same lawsuit The caption in an answer filed by the dealership should read: "Dan's Dealership, defendant, vs. Sakata, plaintiff."

False

Highland Mall has sued a former tenant, Susie's Sewing Circle, for nonpayment of rent. The attorney for the mall, Jeffrey Stein, requests his paralegal, Donaldson, to arrange for the deposition of Susie Mitchell, the sole owner of Susie's Sewing Circle. Mitchell is the deponent

True

Sakata purchased a new car from Dan's Dealership. While she was driving the car home, the brakes failed, and Sakata was injured when the car careened into a telephone pole. Sakata sued both Dan's Dealership and the car manufacturer in the same lawsuit. In answering the complaint, Dan's Dealership and the car manufacturer must be represented by the same attorney.

False

All answers contain ________. a caption, a general denial, affirmative defenses, Both a and c.

Caption

A claim by a defendant against a plaintiff in a federal court action is known as a ________. Counterclaim, cross-claim, third-party complaint, cross-complaint

Counterclaim

In a document request, which of the following forms of ESI are not discoverable? Data stored on laptops, Data stored on desktop PCs, Data stored on portable hard drives, None of these choices.

None of these choices

_________________ (multiple words) is verification that a pleading, motion or other document has been served a copy of the document to another party or attorney.

Proof of service

A type of answer that challenges all of the allegations in a complaint is a ________ denial

Seneral

Written questions submitted by one party in a lawsuit to another party in that suit are known as ________.

interrogatories

A relatively inexpensive type of discovery is the ________. oral deposition, interrogatory, request for production, request for a physical or mental examination

interrogatory

The/A/An _____________________________ (multiple words) is a legal argument in the form of a discussion or analysis of the law that applies to the case.

memorandum of points and authorities

A/An/The _______________ (multiple words) is a request made during trial to delete testimony

motion to strike

A/an ______________ makes a motion.

movant

The documents that need not be produced, despite a request for documents, are known as ________ documents.

non responsive documents

Unlike depositions, interrogatories cannot be served on ________ witnesses involved in a lawsuit.

nonparty

The _______________________ (multiple words) in a written motion informs the court and other litigants of the date, time and place and nature of the motion.

notice of hearing on the motion

The alternative responses to a request for admission include to admit, to deny, to refuse to either admit or deny, and to ________.

object

A/An/The _____________ is a written command or direction given by the judge.

order

A meeting held between the judge and counsel for all parties prior to trial is known as a(n) ________.

pretrial conference

A log listing all documents identified as being protected from discovery under privilege is known as a(n) ________.

privilege log

To obtain a default judgment, the plaintiff must ________ his or her claim.

prove

The request for admission may be used to authenticate the genuineness of a document.

true

The number of sets of interrogatories that may be served upon a party in federal court is ________. 1, 2, 3, unlimited

unlimited