Worksheet 05.2: Litigation

13. Fill in the blank with the word(s) that best complete the statement. is a formal request to the court.

A motion

11. Fill in the blank with the word(s) that best complete the passage. If a large corporation is being sued by a much smaller entity, the corporation may which is a form of gamesmanship that has become more prevalent in the last decade.

If a large corporation is being sued by a much smaller entity, the corporation may make e-discovery excessively expensive for the plaintiff which is a form of gamesmanship that has become more prevalent in the last decade.

3. Fill in the blanks with the word(s) that best complete the passage. One theory behind is that the best outcome to civil is a and that parties will move toward agreement if they understand the opponent's case. That result is likeliest to occur if both sides have an opportunity to their opponent's .

One theory behind discovery is that the best outcome to civil litigation is a negotiated settlement and that parties will move toward agreement if they understand the opponent's case. That result is likeliest to occur if both sides have an opportunity to examine their opponent's evidence.

16. Fill in the blanks with the word(s) that best complete the passage. The documents that begin a lawsuit are called the . The most important are the and the answer.

The documents that begin a lawsuit are called the pleadings. The most important are the complaint and the answer.

4. Efficient and fair litigation cannot take place in a courtroom filled with surprises.

a. True

7. Parties are entitled to discover

anything that could reasonably lead to valid evidence

6. During discovery, each side may only request physical documents from the other.

b. False

12. In Jones v. Clinton the court granted summary judgment for the defendant

because the plaintiff failed to make out a claim of sexual harassment

8. A lawyer may question the opposing party or a potential witness in person and under oath in a

deposition

2. The biggest change in litigation in the last decade has been an increase in

electronic discovery

14. A lawyer for the defense submits a question for the plaintiff to answer in writing under oath. This is a(n)

interrogatory

15. A summary judgment occurs when

no trial is necessary because the essential facts are not in dispute

5. In real trials, the lawyers know in advance the answers to practically all questions asked because

of discovery

9. Fill in the blank with the word(s) that best complete the statement. A(n) is a ruling by the court that no trial is necessary because some essential facts are not in dispute.

summary judgment

10. If the court grants the defense's request to perform a physical exam on the plaintiff it is because

the plaintiff's physical condition is likely to be relevant to the dispute