Torts and Lit

Requests for admission cannot be served until the parties have conferred as mandated by Rule ________ of the Federal Rules of Civil Procedure.

26

In determining how far a deponent can be required to travel to a deposition, Rule ________ of the Federal Rules of Court Procedures must be consulted.

45

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 to determine an expert witness from the real estate field whom Lancaster intends to call at trial.

true

Jefferson must prove that good cause exists and there is a condition in controversy before the judge will order a physical examination of Moffett and Austin.

true

Mitchell is the deponent.

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 physical or mental examination is the examination of a party in a lawsuit to determine factual information about the physical or mental condition of that party.

true

An attorney is permitted to ask the deponent questions in a deposition that could not be asked at trial because these questions seek evidence that is not admissible.

true

Any statement that Midwest Computer admits is a judicial admission.

true

Documents reflecting communications to and from both inside and outside counsel are afforded the attorney-client privilege.

true

Highland Mall has sued a former tenant, Susie"s Sewing Circle, for nonpayment of rent. Its attorney, Jeffrey Stein, requests his paralegal, Donaldson, to arrange for the deposition of Susie Mitchell, the sole owner of Susie"s Sewing Circle. Stein can ask Susie Mitchell questions at deposition that he will not be able to ask at trial

true

A disadvantage of interrogatories is.________.

all

An advantage of interrogatories is the fact that.________.

all

Objections to questions asked the deponent can be based on ________.

all of the above

Requests for admission may include a request to admit.________.

all of the above

The title of the request for admission should reflect.________.

all of the above

Types of document productions include.________.

all of these

Federal Rules require that a response to an interrogatory be supplemented when ________.

any of these

The paralegal"s role in the request for a physical or mental examination may include ________.

any of these

The definition section of a set of interrogatories can:________.

any or all

A paralegal may not be asked to perform the following task at deposition: ________

asking the deponent questions

The Federal Rules of Civil Procedure set out essential requirements for the trial judge to grant the motion for a compulsory examination, including.________.

both a and b

In most states a subpoena may be served by ________.

either bailiff or a person 18+

Documents must be produced in the order.________.

either they are kept in the usual course of business or according to the categories specified in the document request

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

false

A party may not be required to bring documents to his or her deposition.

false

Donaldson may assist Stein by asking Mitchell questions at the deposition.

false

If Charter is served with a request for production of documents, the documents must be produced in date order.

false

Lancaster purchased a rental property for $45,000 and leased it to Smith Juvenile Services, Inc., a private concern that has used the property as a halfway house. Lancaster alleges that the terms of the lease have been repeatedly violated by Smith. She has brought suit against the firm for breach of contract. Blackwell runs Smith Juvenile Services, Inc., but is not present at the halfway house for its day-to-day operation. Jameson is an employee of the halfway house. Lancaster may send interrogatories to Blackwell and Jameson.

false

Mitchell cannot be required to travel more than 30 miles for the deposition.

false

Multiple sets of interrogatories cannot be served on the parties to a lawsuit.

false

The person placing Mitchell under oath is Stein

false

Holloway purchased a laptop computer from Midwest Computers for $1,280, paying for it by check. That same day, Midwest Computer negotiated the check to one of its suppliers, Lucky Computer Supply Co., in payment of an overdue account. When Holloway attempted to use the laptop computer for a college essay, he discovered that the laptop was defective. The next morning, he requested that Midwest Computers take the laptop back and refund his money. Midwest refused to either issue a refund or repair the computer. When Holloway attempted to enter a stop payment order on the check, he discovered that he was responsible to Lucky Computer Supply for the $1,280 because it was a holder in due course. Holloway files suit against Midwest Computers for the return of his $1,280 payment. Lucky Computer Supply Co. may be required to answer a request for admission by Holloway.

fasle

Only original documents may be produced by Jackson Municipal Airport Board.

fasle

The judge must enter the proposed order for the motion for compulsory examination of Moffett as it is drafted by Jefferson"s attorney.

fasle

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

The individual who places a deponent under oath is ________.

Court reporter

The request for a physical or mental examination may not be made if the party who is to undergo the examination is a minor in the custody of a parent or a legally incapacitated person under the legal control of a guardian.

fasle

Permission for the party to be examined to allow his or her own physician to be present during the examination.________.

is solely in the discretion of the trial judge

A statement or other piece of evidence that has been admitted and can, therefore, be introduced during trial is a/an.________.

judicial admission

Moffett and his seven-year-old grandson, Austin, who was visiting him over a holiday weekend, were injured when an automobile driven by Jefferson turned in front of Moffett"s truck. Moffett, Austin, and Jefferson were taken by Metro Ambulance to Community General Hospital. X-rays revealed that Moffett had suffered severe back injuries. Moffett, a self-employed roof contractor, maintained that he was unable to perform any of his customary work responsibilities 6 months after the accident. Moffett and his daughter, Cameron, as the legal guardian of Austin, filed suit against Jefferson for $100,000 in damages, alleging continuing physical problems suffered by Moffett and Austin as a result of the accident. Jefferson may require that Moffett submit to a physical examination.

true

Permitting physical and mental examinations discourages the filing of false or exaggerated claims.

true

Residents of a district can be subpoenaed to appear at a deposition in the county where they reside, work, or transact business.

true

Rule 34 of the Federal Rules of Civil Procedure prohibits serving a formal request for document production before the parties have conferred as required under Rule 26.

true

Secrecy of the competing airlines is ensured by a protective order or confidentiality order.

true

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

true

The Genetic Information Nondisclosure Act prohibits adverse employment and insurance decisions based on genetic information regardless of the source of that information.

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 can be served with the summons and complaint.

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

The number of sets of interrogatories that may be served upon a party in federal court is.________.

unlimited

Documents that would be inadmissible at trial.________.

will be produced if they are reasonably calculated to lead to admissible evidence