Test 2

A claim by a defendant against a plaintiff in a federal court action is known as a _____________. A) Counterclaim B) Cross-claim C) third-party complaint D) Cross-complaint

A

All answers contain__________. A) A caption B) A general denial C) affirmative defenses D) Both a and c

A

An _____ is a statement under penalty of perjury that certain facts are true or believed to be true

Affidavit

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 an ________ _____________.

Affirmative defense

A type of answer that challenges all of the allegation in a complaint is a ______ denial.

General

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

Interrogatories

The written copy of a deposition is known as a ________.

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 interest 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 non party 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 complain, 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

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

True

In a document request, the following forms of ESI are discoverable: laptops, desktop PC's, 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 of 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 may be used to authenticate the genuineness of a document.

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

Interrogatories may be used to _________. A) Determine the party's contentions B) locate relevant documents C) disclose the identities of both the lay and expert witnesses that an attorney intends to call at trial D) All of the above

D

Once an admission is made, _____________. A) it is taken as proven B) court permission is required in order for a party o withdraw the admission C) it can be altered or denied when the party takes the witness stand D) Either A or B

D

Purpose of discovery include______. A)Preventing one of the parties from winning the lawsuit by surprise or trickery B) Determining the truth or the falseness of the alleged facts that form the basis of the suit C)Examining the facts and weighing the advisability of proceeding with the case or settling early D) All of the above

D

Requests for admission may include a request to admit _______. A) the truthfullness of facts and opinions B) The genuineness of documents C) the application of law to facts D) All of the above

D

The attorney-client privilege may be lost or waived by the client________. A) if the client does not intend the communication to be confidential B) 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 C) if in a multi-jurisdictional case, an associate attorney from a foreign nation owes loyalty to the nation rather than to the client D) All of the above

D

The definition section of a set of interrogatories can _________. A) establish the meanings of often-used words B) help conserve space C)help shorten questions D)all of the above

D

The number of sets of interrogatories that be served upon a party in federal court is _________. A)1 B)2 C)3 D) Unlimited

D

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

Deemed

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 an _______.

Document

A log used to track documents is known as a _________ __________ ____.

Document production log

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

Engrossment

A litigant appears ______ when there is only one side present

Ex parte

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, Jefferey Stein, request 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

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

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 may not be used to impeach a witness at the time of trial.

False

Interrogatories need not be answered under oath.

False

Sakata purchases 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

Sakata purchases 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 file by the dealership should read: " Dan's Dealership, defendant, vs. Sakata, plaintiff."

False

A relatively inexpensive type of discovery is the ______. A) Oral deposition B) Interrogatory C) Request for production D) Request for a physical or mental evaluation

B

A request that asks a party to admit in a single statement the truthfullness of two or more facts is called a ____________ request. A) inadmissible B) compound C) Common interest D) irrelevant

B

The term redact is synonymous with __________. A) Duplicate B) Delete C) Copy D) Replace

B

The secrecy of documents may be assured by _________. A) a protective order B)A confidentiality order C) Either A or B

C

A party cannot refuse to respond to a request for admission because ________ A) it lacks the information needed to make the response B) the requesting party can obtain the information in another way C) the request is made with the service of the summons and complaint D) All of the above

D

In a document request, which of the following forms of ESI are not discoverable? A) Data stored in laptops B) Data stored on desktops PC's C) Data stored on portable hard drives D) None of these choices

D

The ______ ____ _____ ____ ______ is a legal argument in the forma of a discussion or analysis of the law that applies to the case.

Memorandum of points and authorities

A ____ ___ _____ is a request made during trial to delete testimony.

Motion to strike

A ______ makes a motion

Movant

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

Non-party

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

Nonresponsive

The _____ ___ ______ in a written motion informs that court and other litigants of the date, time and place and nature of the motion

Notice of hearing

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

Object

An ____ 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 _______ _______.

Pretrial conference

A log listing all documents identified as being protected from discovery under privilege is known as a _________ _______.

Privilege log

____ ____ _____ 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

To obtain a default judgement, the plaintiff must _________ his or her claim.

Prove

The legal means for securing the presence of a witness for deposition is a _________.

Subpeona