ch 13

Kirby is a personal trainer whose client list mainly consists of women in their 50s who want to tone up and slim down. Many of these women have done very little exercising before hiring Kirby. Because of this, Kirby asks detailed questions about their health before he creates an exercise plan for them. Liza, a 54-year-old insurance actuary, has heard great things about Kirby from her friends. She makes an appointment to meet with him. As with all his clients, Kirby asks Liza about her health and any fitness training she might have had. Liza, trying to impress Kirby, says she's fit as a fiddle—albeit a little flabby—walks two miles a day, and does a little cardio. None of this is true. Liza has nagging pains in her knees, and she rarely even takes the stairs at work. Kirby begins working with Liza and, based on her background, establishes a moderately difficult regimen for her. One week into training, Liza's knees go from nagging to throbbing pain, and within two weeks, she can barely walk from her car to her office. Liza thinks her knees should have gotten better, not worse, under Kirby's training if he were doing it right. She stops going to Kirby, stops paying the remainder of her contract, and decides to sue him for injury to her knees. Kirby hires your law firm to represent him. He denies any liability for Liza's knee condition, and he wants payment for the remainder of her contract. You and your supervising attorney have completed most of the discovery for this case. Your attorney now asks you to draft a request for admission. In the request for admission, the introduction should include which of the following?

A demand for written answers to the request within the applicable time limits

The attorney you work for, Charles Baker, is representing 60-year-old Darla Griggs, a former administrative assistant for a local stockbroker. One morning, while getting ready for work, Darla was severely and permanently injured when her hair dryer exploded in her hand while she was drying her hair. Darla's right hand, the hand she used for most of her work duties, was so badly burned that it needed to be amputated. Because Darla's recovery and rehabilitation have taken many months, her former boss had to replace her. Your firm is currently suing the manufacturer of the hair dryer, MX, Inc., as well as the retailer from whom Darla purchased the hair dryer, JP's Small Appliances, claiming that the hair dryer's design was defective. You are seeking damages for pain and suffering, lost wages, decreased earning capacity, and future medical expenses. Most of the discovery has already been completed in the case, but your supervising attorney wants to establish some facts prior to trial. For one thing, he wants to establish that the hair dryer was in the same condition when it left JP's Small Appliances as it was when they received the hair dryer from MX, Inc. He also wants to firm up his understanding of the design of the heating element on the hair dryer to establish that it was the cause of the hair dryer exploding. MX, Inc. has also served a request for admissions, seeking information about Darla's employment history, claimed damages, and future capacity to work. Which of the following is not a reason to use a request for admissions to obtain information about the hair dryer from MX, Inc. and JP's Small Appliances?

Admissions can be used to obtain factual information from nonparty witnesses.

Kirby is a personal trainer whose client list mainly consists of women in their 50s who want to tone up and slim down. Many of these women have done very little exercising before hiring Kirby. Because of this, Kirby asks detailed questions about their health before he creates an exercise plan for them. Liza, a 54-year-old insurance actuary, has heard great things about Kirby from her friends. She makes an appointment to meet with him. As with all his clients, Kirby asks Liza about her health and any fitness training she might have had. Liza, trying to impress Kirby, says she's fit as a fiddle—albeit a little flabby—walks two miles a day, and does a little cardio. None of this is true. Liza has nagging pains in her knees, and she rarely even takes the stairs at work. Kirby begins working with Liza and, based on her background, establishes a moderately difficult regimen for her. One week into training, Liza's knees go from nagging to throbbing pain, and within two weeks, she can barely walk from her car to her office. Liza thinks her knees should have gotten better, not worse, under Kirby's training if he were doing it right. She stops going to Kirby, stops paying the remainder of her contract, and decides to sue him for injury to her knees. Kirby hires your law firm to represent him. He denies any liability for Liza's knee condition, and he wants payment for the remainder of her contract. You and your supervising attorney have completed most of the discovery for this case. Your attorney now asks you to draft a request for admission. Your request for admission should include statements you know Liza may find objectionable because, if she admits to these statements, it will save your attorney a lot of hard work later.

False

The attorney you work for, Charles Baker, is representing 60-year-old Darla Griggs, a former administrative assistant for a local stockbroker. One morning, while getting ready for work, Darla was severely and permanently injured when her hair dryer exploded in her hand while she was drying her hair. Darla's right hand, the hand she used for most of her work duties, was so badly burned that it needed to be amputated. Because Darla's recovery and rehabilitation have taken many months, her former boss had to replace her. Your firm is currently suing the manufacturer of the hair dryer, MX, Inc., as well as the retailer from whom Darla purchased the hair dryer, JP's Small Appliances, claiming that the hair dryer's design was defective. You are seeking damages for pain and suffering, lost wages, decreased earning capacity, and future medical expenses. Most of the discovery has already been completed in the case, but your supervising attorney wants to establish some facts prior to trial. For one thing, he wants to establish that the hair dryer was in the same condition when it left JP's Small Appliances as it was when they received the hair dryer from MX, Inc. He also wants to firm up his understanding of the design of the heating element on the hair dryer to establish that it was the cause of the hair dryer exploding. MX, Inc. has also served a request for admissions, seeking information about Darla's employment history, claimed damages, and future capacity to work. If you are asked to draft the request for admissions, you would need to include a statement of claims in the request.

False

Kirby is a personal trainer whose client list mainly consists of women in their 50s who want to tone up and slim down. Many of these women have done very little exercising before hiring Kirby. Because of this, Kirby asks detailed questions about their health before he creates an exercise plan for them. Liza, a 54-year-old insurance actuary, has heard great things about Kirby from her friends. She makes an appointment to meet with him. As with all his clients, Kirby asks Liza about her health and any fitness training she might have had. Liza, trying to impress Kirby, says she's fit as a fiddle—albeit a little flabby—walks two miles a day, and does a little cardio. None of this is true. Liza has nagging pains in her knees, and she rarely even takes the stairs at work. Kirby begins working with Liza and, based on her background, establishes a moderately difficult regimen for her. One week into training, Liza's knees go from nagging to throbbing pain, and within two weeks, she can barely walk from her car to her office. Liza thinks her knees should have gotten better, not worse, under Kirby's training if he were doing it right. She stops going to Kirby, stops paying the remainder of her contract, and decides to sue him for injury to her knees. Kirby hires your law firm to represent him. He denies any liability for Liza's knee condition, and he wants payment for the remainder of her contract. You and your supervising attorney have completed most of the discovery for this case. Your attorney now asks you to draft a request for admission. As the last stage before actually writing the request, you should:

List and organize the admission that Liza ought to make

The attorney you work for, Charles Baker, is representing 60-year-old Darla Griggs, a former administrative assistant for a local stockbroker. One morning, while getting ready for work, Darla was severely and permanently injured when her hair dryer exploded in her hand while she was drying her hair. Darla's right hand, the hand she used for most of her work duties, was so badly burned that it needed to be amputated. Because Darla's recovery and rehabilitation have taken many months, her former boss had to replace her. Your firm is currently suing the manufacturer of the hair dryer, MX, Inc., as well as the retailer from whom Darla purchased the hair dryer, JP's Small Appliances, claiming that the hair dryer's design was defective. You are seeking damages for pain and suffering, lost wages, decreased earning capacity, and future medical expenses. Most of the discovery has already been completed in the case, but your supervising attorney wants to establish some facts prior to trial. For one thing, he wants to establish that the hair dryer was in the same condition when it left JP's Small Appliances as it was when they received the hair dryer from MX, Inc. He also wants to firm up his understanding of the design of the heating element on the hair dryer to establish that it was the cause of the hair dryer exploding. MX, Inc. has also served a request for admissions, seeking information about Darla's employment history, claimed damages, and future capacity to work. If MX, Inc. sought admissions regarding every job Darla has ever held since she was 16, what would your most likely response be?

Object on the grounds that the request is overbroad

The attorney you work for, Charles Baker, is representing 60-year-old Darla Griggs, a former administrative assistant for a local stockbroker. One morning, while getting ready for work, Darla was severely and permanently injured when her hair dryer exploded in her hand while she was drying her hair. Darla's right hand, the hand she used for most of her work duties, was so badly burned that it needed to be amputated. Because Darla's recovery and rehabilitation have taken many months, her former boss had to replace her. Your firm is currently suing the manufacturer of the hair dryer, MX, Inc., as well as the retailer from whom Darla purchased the hair dryer, JP's Small Appliances, claiming that the hair dryer's design was defective. You are seeking damages for pain and suffering, lost wages, decreased earning capacity, and future medical expenses. Most of the discovery has already been completed in the case, but your supervising attorney wants to establish some facts prior to trial. For one thing, he wants to establish that the hair dryer was in the same condition when it left JP's Small Appliances as it was when they received the hair dryer from MX, Inc. He also wants to firm up his understanding of the design of the heating element on the hair dryer to establish that it was the cause of the hair dryer exploding. MX, Inc. has also served a request for admissions, seeking information about Darla's employment history, claimed damages, and future capacity to work. Which of the following ways may admissions be used?

To establish the genuineness of certain documents To establish the truth of certain facts To authenticate the application of law to facts

Kirby is a personal trainer whose client list mainly consists of women in their 50s who want to tone up and slim down. Many of these women have done very little exercising before hiring Kirby. Because of this, Kirby asks detailed questions about their health before he creates an exercise plan for them. Liza, a 54-year-old insurance actuary, has heard great things about Kirby from her friends. She makes an appointment to meet with him. As with all his clients, Kirby asks Liza about her health and any fitness training she might have had. Liza, trying to impress Kirby, says she's fit as a fiddle—albeit a little flabby—walks two miles a day, and does a little cardio. None of this is true. Liza has nagging pains in her knees, and she rarely even takes the stairs at work. Kirby begins working with Liza and, based on her background, establishes a moderately difficult regimen for her. One week into training, Liza's knees go from nagging to throbbing pain, and within two weeks, she can barely walk from her car to her office. Liza thinks her knees should have gotten better, not worse, under Kirby's training if he were doing it right. She stops going to Kirby, stops paying the remainder of her contract, and decides to sue him for injury to her knees. Kirby hires your law firm to represent him. He denies any liability for Liza's knee condition, and he wants payment for the remainder of her contract. You and your supervising attorney have completed most of the discovery for this case. Your attorney now asks you to draft a request for admission. If you draft the request for admission carefully, it may lead to an early settlement of this case.

True

Kirby is a personal trainer whose client list mainly consists of women in their 50s who want to tone up and slim down. Many of these women have done very little exercising before hiring Kirby. Because of this, Kirby asks detailed questions about their health before he creates an exercise plan for them. Liza, a 54-year-old insurance actuary, has heard great things about Kirby from her friends. She makes an appointment to meet with him. As with all his clients, Kirby asks Liza about her health and any fitness training she might have had. Liza, trying to impress Kirby, says she's fit as a fiddle—albeit a little flabby—walks two miles a day, and does a little cardio. None of this is true. Liza has nagging pains in her knees, and she rarely even takes the stairs at work. Kirby begins working with Liza and, based on her background, establishes a moderately difficult regimen for her. One week into training, Liza's knees go from nagging to throbbing pain, and within two weeks, she can barely walk from her car to her office. Liza thinks her knees should have gotten better, not worse, under Kirby's training if he were doing it right. She stops going to Kirby, stops paying the remainder of her contract, and decides to sue him for injury to her knees. Kirby hires your law firm to represent him. He denies any liability for Liza's knee condition, and he wants payment for the remainder of her contract. You and your supervising attorney have completed most of the discovery for this case. Your attorney now asks you to draft a request for admission. The request for admission should include facts that you know are true but that your attorney might have a difficult time proving at trial.

True

The attorney you work for, Charles Baker, is representing 60-year-old Darla Griggs, a former administrative assistant for a local stockbroker. One morning, while getting ready for work, Darla was severely and permanently injured when her hair dryer exploded in her hand while she was drying her hair. Darla's right hand, the hand she used for most of her work duties, was so badly burned that it needed to be amputated. Because Darla's recovery and rehabilitation have taken many months, her former boss had to replace her. Your firm is currently suing the manufacturer of the hair dryer, MX, Inc., as well as the retailer from whom Darla purchased the hair dryer, JP's Small Appliances, claiming that the hair dryer's design was defective. You are seeking damages for pain and suffering, lost wages, decreased earning capacity, and future medical expenses. Most of the discovery has already been completed in the case, but your supervising attorney wants to establish some facts prior to trial. For one thing, he wants to establish that the hair dryer was in the same condition when it left JP's Small Appliances as it was when they received the hair dryer from MX, Inc. He also wants to firm up his understanding of the design of the heating element on the hair dryer to establish that it was the cause of the hair dryer exploding. MX, Inc. has also served a request for admissions, seeking information about Darla's employment history, claimed damages, and future capacity to work. If you deny a fact that should not have been denied, the court may compel Darla to pay the cost of proving the matter that should not have been denied.

True