60. After the initial exchange of pleadings, litigation enters the:
a. diversified stage
b. complaint stage
c. processing stage
d. discovery stage
e. result stage
61. The process of obtaining information about the dispute is known as:
a. processing
b. discovery
c. pretrial informing
d. counterclaim informing
e. counterclaim justification
62. The process of obtaining information about the dispute is known as:
a. processing
b. counterclaim justification
c. pretrial informing
d. counterclaim informing
e. none of the other choices are correct
63. The purpose of the discovery stage before trial is to:
a. retain an element of surprise in the litigation process
b. determine if there is a claim that the law can address
c. encourage pretrial settlements
d. determine who the plaintiff will be
e. none of the other choices
64. The purpose of the discovery stage before trial is to:
a. prevent surprises at trial
b. preserve evidence of witnesses who might not be available for trial
c. encourage pretrial settlements
d. narrow the range of claims being made
e. all of the other choices may be correct
65. The discovery state in the trial process is intended for the:
a. parties to have time to present their sides of the case to the judge, who discovers the truth
b. parties to have time to present their sides of the case to the jury, so it can discover the truth
c. judge to have a chance to review the arguments before they make them before the jury
d. parties to obtain information about the facts before the trial starts
e. all of the other choices are correct
66. The discovery state in the trial process prevents a:
a. “trial by ambush”
b. “trial by surprise”
c. “trial by interrogation”
d. “trial by treachery”
e. “trial by chicanery”
67. Without the discovery state in the trial process, evidence presented in the trial could:
a. prevent the defendant from hiring a lawyer
b. catch opposing parties by surprise
c. anger the plaintiff
d. insult the defendant
e. falsely represent the defendant
68. The stage of a trial helps to preserve the testimony of witnesses whose memory may fade over time.
a. discovery
b. distant
c. recorded
d. written
e. recorded testimony
69. Criminal cases differ from civil cases in that:
a. criminal trials typically have only one defendant
b. criminal trials have more discovery than civil trials
c. criminal trials are always held within a year of the alleged crime taking place
d. criminal trials have very little discovery
e. none of the other choices are correct
70. According to the Federal Rules of Civil Procedure, a party seeking information must use a discovery tool that:
a. imposes significant burdens on the other party
b. is not “unduly burdensome” to the other party
c. the other party approves of before hand
d. the bailiff approves of
e. has a historical basis in Roman law
71. According to the Federal Rules of Civil Procedure, a party seeking information must use a discovery tool that:
a. imposes significant burdens on the other party
b. has a historical basis in Roman law
c. the other party approves of before hand
d. the bailiff approves of
e. none of the other choices are correct
72. The specific tools of discovery include:
a. depositions
b. written interrogatories
c. orders for production of documents and requests for admissions
d. orders for a mental or physical examination
e. all of the other choices are correct
73. Depositions, written interrogatories, orders for production of documents and requests for admissions are all
examples of:
a. the tools of discovery
b. the tools of evidence
c. the tools of interrogation
d. the tools of trial
e. none of the other choices are correct
74. Which of the following is not a typical tool of the discovery process in civil litigation:
a. interrogatories
b. wiretaps
c. orders for production of documents and requests for admissions
d. orders for a mental or physical examination
e. all of the other choices are used
75. Which of the following is not a discovery tool used for obtaining information from the opposing party?
a. depositions
b. written interrogatories
c. requests for admissions
d. mental examinations
e. all of the other choices are discovery tools
76. Depositions:
a. are taken before trial, during discovery
b. are taken before trial, during discovery, but may not be taken from the defendant herself
c. are taken before trial or during trial
d. may only be taken once trial has commenced
e. are taken during preparation for appeals
77. Sworn testimony, outside of the courtroom, of a witness recorded by a court official is a:
a. request for admission
b. production of testimony
c. discovery testimonial
d. deposition
e. demurrer of oath
78. Sworn testimony, outside of the courtroom, of a witness recorded by a court official is a:
a. request for admission
b. production of testimony
c. discovery testimonial
d. demurrer of oath
e. none of the other choices are correct
79. Depositions are:
a. sworn, in-person testimony of a witness recorded by a court reporter
b. questionable, in-person testimony of a witness recorded by a court reporter
c. sworn, in-person testimony of a witness recorded by a friend
d. testimony of a witness written in response to questions
e. none of the other choices are correct
80. Depositions can be useful in challenging a witness who:
a. does not appear in court
b. changes his story at the trial
c. refuses to respond to cross-examination
d. calls the plaintiff a liar
e. none of the other choices are correct
81. If a witness is unavailable at the time of trial, his may be allowed in place of live testimony.
a. deposition
b. summary of events
c. secretly recorded phone conversations
d. transcripts of previous conversations with the defendant or plaintiff
e. none of the other choices are correct
82. Written interrogatories are questions submitted by:
a. the jury
b. the judge
c. the court reporter
d. the opposing party
e. none of the other choices
83. Written interrogatories are questions submitted by:
a. the jury
b. the judge
c. the court reporter
d. witnesses
e. none of the other choices
84. A party can submit written questions called to the opposing party.
a. depositions
b. written interrogatories
c. civil interrogatories
d. declarations
e. evidence
85. A party receiving written interrogatories prepares answers:
a. without any influence from another person
b. with the help of other witnesses from the same case
c. with an attorney’s help if desired
d. need not sign them under oath
e. all of the other choices are acceptable
86. In preparing answers for written interrogatories, a defendant may:
a. not look up information in files
b. talk to an attorney
c. refuse to answer any questions deemed “offensive”
d. ask the trial judge to interpret questions that are unclear
e. none of the other choices are correct
87. Written interrogatories are useful for obtaining information:
a. that parties do not want to provide
b. that parties have to look up in files or records
c. that parties are not required to provide
d. that parties can easily recall from memory
e. that parties failed to provide when questioned directly
88. If the testimony of an expert witness is critical to a case being made, but the judge rejects the expert testimony as
not credible, then, according to the Supreme Court:
a. there will be a new trial with the witness allowed to present corrected evidence
b. there will be a new trial with a different witness
c. there will be a new trial if the defendant, not the plaintiff, wishes to have one with or without new experts
d. the case may be ended by summary judgment
e. none of the other choices are correct
89. According to the Supreme Court, a case may be ended by summary judgment if:
a. the judge accepts critical expert witness testimony as credible
b. the judge rejects critical expert witness testimony as not credible
c. the judge refuses to hear the expert witness’s testimony
d. an expert witness does not have at least a college education
e. the jury does not find the expert witness credible
90. According to the Supreme Court, a case may be ended by summary judgment if:
a. the judge accepts critical expert witness testimony as credible
b. the jury does not think the expert witness is credible
c. the judge refuses to hear the expert witness’s testimony
d. an expert witness does not have at least a college education
e. none of the other choices are correct
91. If a party uses an expert witness to assert the existence of harm based on evidence that is contrary to scientific
standards the case may be:
a. ended by summary judgment
b. resolved by the jury
c. ended by ultimate judgment
d. continued with new expert witnesses
e. referred to the Supreme Court
92. According to the Supreme Court, courts must exclude evidence that is:
a. not witnessed by at least three people
b. witnessed by biased parties
c. handled by the police officers who made the arrest
d. contrary to scientific standards
e. going to be used in another trial
93. Which of the following in not true about expert witnesses and their testimony:
a. the testimony may not be contrary to prevailing scientific opinion
b. if the evidence is not credible it will be rejected by the court
c. the experts may not be questioned by the opposition before trial
d. when experts conflict, the testimony of both sides will be stricken
e. all of the other choices are true
94. In Barabin v. AstenJohnson, where Barabin sued for damage suffered from exposure to asbestos, the appeals
court held that:
a. the head of a corporation is never required to testify in a deposition
b. the head of a corporation is only required to answer written interrogatories, not appear for a deposition
c. the head of a corporation may send a qualified corporate officer to testify in his place
d. the expert witness for AstenJohnson could not be a company employee
e. none of the other choices are correct
95. In Barabin v. AstenJohnson, where Barabin sued for damage suffered from exposure to asbestos, the appeals
court held that:
a. the expert for plaintiff Barabin failed to meet the standard of reliability, so there would be a new trial
b. the expert for plaintiff Barabin failed to meet the standard of reliability, so it reversed the judgment to be in
favor of AstenJohnson
c. the expert witness for Barabin failed to meet the standard for reliability, so that testimony would be stricken
from the record but the judgment would stand
d. the expert witness for AstenJohnson could not be a company employee, it had to be an independent expert
e. none of the other choices are correct
96. In Barabin v. AstenJohnson, where Barabin sued for damage suffered from exposure to asbestos, the appeals
court held that:
a. the expert for AstenJohnson failed to meet the standard of reliability, so there would be a new trial
b. the expert for Barabin failed to meet the standard of reliability, so the amount awarded would be reduced
to a more reasonable level
c. the expert witness for Barabin failed to meet the standard for reliability, so that testimony would be
stricken from the record, but the judgment would stand
d. the expert witness for AstenJohnson could not be a company employee, it had to be an independent
expert
e. none of the other choices are correct
97. In Barabin v. AstenJohnson, where Barabin sued for damage suffered from exposure to asbestos, the appeals
court held that:
a. the plaintiff‘s expert witnesses did not meet the reliability standard for the admission of expert testimony
b. the plaintiff had no case because his failed to follow the proper procedures regarding timely filing of
depositions
c. the defendant was liable for damages due to proximate cause overcoming superseding events related to
the illness
d. the defendant could only be sued in federal court
e. none of the other choices are correct
98. In Barabin v. AstenJohnson, where Barabin sued for damage suffered from exposure to asbestos, the appeals
court held that the testimony of the plaintiff’s expert witnesses was not legally permissible evidence because:
a. the expert witness’s testimony did not meet the Daubert reliability standard
b. the plaintiff failed to fill out the expert witness testimony forms
c. the expert witness for the plaintiff refused to give a deposition as requested by defendant
d. the expert witness was not from the United States, so could not qualify
e. none of the other choices are correct
99. Expert witnesses help establish facts critical to business cases such as:
a. the value of lost profits
b. the costs to a victim of an accident
c. the scientific evidence of harm from a product
d. all of the other specific choices are correct
e. none of the other specific choices are correct
100. Businesses must maintain company records in a coherent manner so that:
a. they may be accessed in case of a lawsuit
b. they may be copied for internal use
c. they may be easily reproduced if the company is sold
d. all of the other specific choices are correct
e. none of the other specific choices are correct
101. If one party to a lawsuit requests the production of documents that would expose a trade secret, the party against
whom the request is made may procure the following to ensure the confidentiality of the secret:
a. a counterclaim
b. a deposition
c. a protective order
d. an injunction
e. a restraint of trade
102. If one party to a lawsuit requests the production of documents that would expose a trade secret, the party against
whom the request is made may:
a. request the trial be held in closed session
b. not prevent exposure of the trade secret since the evidence is key to proceedings
c. seek an injunction against the suit proceeding further
d. obtain a court order that plaintiff pay the value of the secret if it is revealed
e. none of the other choices
103. A protective order:
a. means that a party does not have to produce the requested documents
b. allows the defendant to hide information from the plaintiff
c. limits access to material so as to ensure confidentiality
d. limits the time the plaintiff may look at the defendant’s materials
e. none of the other choices are correct
104. A party that is concerned that the information it is required to provide contains confidential information may request
a(n):
a. protective order
b. confidentiality order
c. ultimate order
d. secret order
e. final order
105. A protective order protects the confidentiality of:
a. documents that a party is required to produce for a court case
b. the names of the parties involved in a case
c. the location of the trial
d. the names of the attorneys connected with the case
e. none of the other choices are correct
106. Information such as medical bills are given to the opposing party in litigation as a result of:
a. an interrogatory
b. a request for admission
c. an order for the production of documents
d. a deposition
e. any of the other choices can be correct
107. Failure of a business to maintain its company records in such a way that they may be accessed during a lawsuit
may result in:
a. sanctions by the court
b. a fine
c. a secondary lawsuit
d. a loss of the right to appeal
e. none of the other choices are correct
108. Suppose both sides in a suit agree about certain facts, so they do not need to be proven at trial. To settle facts about
which there is no real dispute, the parties may use:
a. requests for admissions
b. expert witness commentary
c. protective order for documents
d. sanctions
e. none of the other choices are correct
109. Suppose both sides in a suit agree about certain facts, so they do not need to be proven at trial. To settle facts about
which there is no real dispute, the parties may use:
a. interrogatories
b. expert witness commentary
c. protective order for documents
d. sanctions
e. none of the other choices are correct
110. Requests for admissions are:
a. unwritten requests for an admission of the truth in matters relating to the dispute
b. written requests for an admission of the truth in matters relating to the dispute
c. post-trial statements by the plaintiff about the truth in matters relating to the dispute
d. post-trial statements by the defendant about the truth in matters relating to the dispute
e. none of the other choices are correct
111. If the mental or physical condition of a party to a suit is an issue raised by the other party the:
a. court cannot require an examination since that violates the constitutional right to privacy about medical issues
b. court will only allow evidence from the experts of the plaintiff’s choosing
c. court will sanction a rule to comply
d. party requesting the order must show a greater need for this information than for other kinds of discovery
e. none of the other choices are correct
112. If the mental state a party to a suit is an issue raised by the other party the:
a. court cannot require an examination since that violates the constitutional right to privacy
b. court will only allow evidence from the experts of the plaintiff’s choosing
c. court will sanction a rule to comply
d. court may allow an examination given by specialists of the opposition‘s choosing
e. none of the other choices are correct
113. Since the physical or mental condition of a party raises many privacy issues, parties requesting an opposing party to
submit to an examination:
a. must show a reasonable need for the information
b. must show a greater need for the information than for other forms of discovery
c. need not show a greater need for the information than for other forms of discovery
d. need not inform the defendant of his need for the information
e. none of the other choices are correct
114. Discovery can impose significant costs on businesses, making them more likely to:
a. enter counterclaims against the plaintiff
b. settle out of court
c. release documents without being asked
d. release documents only when directly ordered by a judge
e. none of the other choices are correct
115. British court proceedings differ from American court proceedings in part because:
a. there is a much greater degree of specialization among attorneys in the British system
b. there is a much lesser degree of specialization among attorneys in the British system
c. British court proceedings are shorter than American court proceedings
d. American court proceedings are shorter than British court proceedings
e. none of the other choices are correct
116. In British court proceedings:
a. barristers remain behind one long table
b. most objections are raised outside the presence of the jury
c. most objections are resolved before the witness is called
d. all of the other specific choices are correct
e. none of the other specific choices are correct