Deck 5: Methods of Discovery

Question 1

What term describes methods permitting each party to obtain information about the case from the other party before going to trial?

A) Depositions
B) Methods of discovery
C) Service of process
D) Stipulations

Answer 1

Methods of discovery

Question 2

What can parties achieve by stipulations?

A) Extend the time for pleading
B) Waive objections
C) Admit certain facts
D) All of the above

Answer 2

All of the above

Question 3

Under Federal Rules of Civil Procedure, what matter can be included in discovery?

A) Nonprivileged
B) Pertaining to a party's claim
C) Pertaining to a party's defense
D) All of the above

Answer 3

All of the above

Question 4

What are advantages of methods of discovery?

A) The real issues in the case are exposed early
B) Time is saved during the trial preparation
C) All of the above
D) None of the above

Question 5

What is a demand for bill of particulars?

A) Pleading
B) Motion
C) Affirmative defense
D) Demurer

Question 6

What information does the defendant request from the plaintiff when he or she makes a demand for bill of particulars?

A) Detailed information of the amount owed
B) Detailed financial information
C) Detailed personal information
D) None of the above

Question 7

On what person and when may interrogatories be served?

A) Any defendant along with the summons
B) Any defendant at any time after service of process
C) Plaintiff at any time after the beginning of the action
D) All of the above

Question 8

What is perjury?

A) Any false statement
B) Intentionally giving false testimony under oath
C) Any false testimony in court
D) Any false statement in writing

Question 9

What is the correct procedure to deal with interrogatories?

A) Fully answer interrogatories in writing and sign
B) File answers to the interrogatories with the court
C) Mail a copy of answers to the interrogatories to the interrogating party
D) All of the above

Question 10

What is a similarity between interrogatories and depositions?

A) Used in civil actions
B) Involve giving an oath
C) Pertain to issues relevant to the suit
D) All of the above

Question 11

What document governs interrogatories and depositions?

A) State constitution
B) U.S. Constitution
C) Federal Rules of Civil Procedures
D) Federal Rules of Criminal Procedures

Question 12

What method is used to force answering interrogatories?

A) Motion to compel interrogatories
B) Motion for summary judgment
C) Motion to dismiss
D) Subpoena ad testificandum

Question 13

Who gives the testimony under oath at the deposition?

A) Affiant
B) Deponent
C) Witness
D) Petitioner

Question 14

What court order compels witnesses to attend depositions?

A) Subpoena
B) Writ of execution
C) Citation
D) Arrest warrant

Question 15

What is a principal type of deposition?

A) Deposition on oral examination
B) Deposition of witnesses on written questions
C) All of the above
D) None of the above

Question 16

What must a person do when he or she has been served a subpoena ad testificandum?

A) Appear and bring documents pertinent to the legal action
B) Appear and testify in a legal action
C) Permit the other party to enter on land
D) Submit to a physical or mental examination

Question 17

Who records the testimony at depositions?

A) Court clerk
B) Court reporter
C) Court stenographer
D) Both B and C

Question 18

What term describes questions asked by a deponent in response to questions asked at a deposition?

A) Cross-questions
B) Redirect questions
C) Recross-questions
D) Counter-questions

Question 19

What does impeach mean?

A) Contradict
B) Call into question
C) Cast doubt on
D) All of the above

Question 20

According to Rule 32 of the Federal Rules of Civil Procedure, under what circumstance will the deposition be used during a trial?

A) Witness is studying in France
B) Witness lives 80 miles from the place of the trial
C) Witness is too busy to attend the trial
D) Witness does not want to attend the trial

Question 21

How may the deposition be used at trial?

A) Persuade the judge to rule in favor of the party using the deposition
B) Impeach any contrary testimony of a witness
C) Convince the jury to award a greater sum of money to the plaintiff
D) Compel the other party to settle the case out of court

Question 22

What material is covered in a request for permission to inspect and copy documents?

A) Photographs
B) Writings
C) Charts
D) All of the above

Question 23

What may be a reason for a request for permission to inspect a tangible thing?

A) Copy
B) Test
C) Sample
D) All of the above

Question 24

What legal procedure may a party use to compel the other party to give them permission to inspect documents?

A) Motion to dismiss
B) Motion for order compelling discovery
C) Subpoena duces tecum
D) Deposition on oral examination

Question 25

How must the order to submit to physical or mental examination be made?

A) Only on motion for good cause
B) After notice is given to the person to be examined
C) All of the above
D) None of the above

Question 26

What defendant's property may the plaintiff enter when his or her request to permit entry on land has been approved?

A) Any property
B) Property located in the same county where the court sits
C) Property in the possession of the defendant
D) Attached property

Question 27

What is a legitimate reason for a request to permit entry on land?

A) Recreation on a private beach
B) Surveying of a farmland
C) Treasure hunting in a field
D) Berry gathering in a forest

Question 28

What happens if a party fails to file a written answer to the request for admission?

A) Court will consider the matter to be admitted
B) Court will issue a subpoena duces tecum
C) Court will issue a subpoena ad testificandum
D) Opposite party will send another request for admission

Question 29

To what issues may requests for admission relate?

A) Statements
B) Opinions of fact or law
C) Authenticity of documents
D) All of the above

Question 30

To what matter does a request for admission relate?

A) Any matter
B) Any legal matter
C) Any matter relevant to the case
D) Any matter approved by the judge

Question 31

Parties may obtain discovery regarding any nonprivileged matter that is relevant to a party's claim.

Question 32

Attorneys stipulate about different matters related to the case.

Question 33

Requests for admission are unusual methods of discovery.

Question 34

According to the Federal Rules of Civil Procedure, an unlimited number of interrogatories may be served on a party.

Question 35

Interrogatories may be answered during a telephone conversation.

Question 36

Rules governing the failure of a party to answer interrogatories differ from state to state.

Question 37

Interrogatories require an oath to be administered by a person authorized to do this.

Question 38

The same means is used to compel persons to answer interrogatories and to attend depositions.

Question 39

Usually, depositions on oral examination do not require the court's permission.

Question 40

A subpoena ad testificandum is a court order commanding a person to appear and bring papers relevant to the legal action.

Question 41

At the deposition on written questions, lawyers examine and cross-examine a witness who has received in advance written questions to be answered.

Question 42

During the trial, the depositions may be used to impeach a contrary testimony of a witness.

Question 43

The deposition can be used at the trial if the witness is unwilling to testify in court.

Question 44

Any party may serve on any other party a request for permission to inspect and copy documents.

Question 45

ESI is electronically saved information.

Question 46

In 2006, the Federal Rules of Civil Procedure were amended to include a definition of ESI.

Question 47

Photographing the property may be a purpose for the entry on land.

Question 48

The court may order any litigant to submit to mental and physical examination.

Question 49

The party, to whom the request for admission is directed, files a written answer at any time after service of the request.

Question 50

If an answer to the request for admission is not filed, the matter is considered by the court to be denied.

Question 51

An agreement between the parties involved in a suit, regulating any matter relative to the proceedings, is a(n) ________.

Question 52

In California, the bill of particulars must include a(n) ________ if the complaint contains a verification.

Question 53

After an action has begun, any party to a suit may ask written questions, called ________, of any other party to the suit.

Question 54

Interrogatories must be answered in writing and signed by the client answering them under the penalties of ________.

Question 55

The testimony of a witness given under oath, but not in open court, is called the ________.

Question 56

Witnesses may be compelled by ________ to attend depositions.

Question 57

During the deposition on ________ examination, lawyers orally examine and cross-examine a witness.

Question 58

If a subpoena duces ________ is to be served on the person to be examined, the materials to be produced must be listed on the notice.

Question 59

During the trial, depositions may be used to contradict any contrary testimony of a(n) ________.

Question 60

Rule 32 of the Federal Rules of ________ Procedure allows the use of the deposition at the trial if the witness is dead.

Question 61

Discovery of information stored ________ is known as e-discovery.

Question 62

Court-ordered penalties for failing to produce evidence are ________ sanctions.

Question 63

Testing of the property may be the purpose for the entry on ________.

Question 64

The court may order a party to submit to a physical or mental ________.

Question 65

A party may serve on another party a written request for ________ of the truth of any matter relevant to the case.

Question 66

Match the terms with their descriptions:

-Surveying

A) Any person may be subject to this method of discovery
B) Asking to admit the truth of any matter relevant to the case
C) Written statement made under penalty of perjury that the document is true
D) Further questions in response to cross-questions
E) Common method of discovery
F) Purpose for the entry on land
G) Cast doubt on or call into question
H) Electronically stored information
I) Depositions in which lawyers orally examine and cross-examine witnesses
J) Interrogating party

Question 67

Match the terms with their descriptions:

-Depositions on oral examination

A) Any person may be subject to this method of discovery
B) Asking to admit the truth of any matter relevant to the case
C) Written statement made under penalty of perjury that the document is true
D) Further questions in response to cross-questions
E) Common method of discovery
F) Purpose for the entry on land
G) Cast doubt on or call into question
H) Electronically stored information
I) Depositions in which lawyers orally examine and cross-examine witnesses
J) Interrogating party

Question 68

Match the terms with their descriptions:

-Production of documents and things

A) Any person may be subject to this method of discovery
B) Asking to admit the truth of any matter relevant to the case
C) Written statement made under penalty of perjury that the document is true
D) Further questions in response to cross-questions
E) Common method of discovery
F) Purpose for the entry on land
G) Cast doubt on or call into question
H) Electronically stored information
I) Depositions in which lawyers orally examine and cross-examine witnesses
J) Interrogating party

Question 69

Match the terms with their descriptions:

-Deposition

A) Any person may be subject to this method of discovery
B) Asking to admit the truth of any matter relevant to the case
C) Written statement made under penalty of perjury that the document is true
D) Further questions in response to cross-questions
E) Common method of discovery
F) Purpose for the entry on land
G) Cast doubt on or call into question
H) Electronically stored information
I) Depositions in which lawyers orally examine and cross-examine witnesses
J) Interrogating party

Question 70

Match the terms with their descriptions:

-Redirect questions

A) Any person may be subject to this method of discovery
B) Asking to admit the truth of any matter relevant to the case
C) Written statement made under penalty of perjury that the document is true
D) Further questions in response to cross-questions
E) Common method of discovery
F) Purpose for the entry on land
G) Cast doubt on or call into question
H) Electronically stored information
I) Depositions in which lawyers orally examine and cross-examine witnesses
J) Interrogating party

Question 71

Match the terms with their descriptions:

-ESI

A) Any person may be subject to this method of discovery
B) Asking to admit the truth of any matter relevant to the case
C) Written statement made under penalty of perjury that the document is true
D) Further questions in response to cross-questions
E) Common method of discovery
F) Purpose for the entry on land
G) Cast doubt on or call into question
H) Electronically stored information
I) Depositions in which lawyers orally examine and cross-examine witnesses
J) Interrogating party

Question 72

Match the terms with their descriptions:

-Verification

A) Any person may be subject to this method of discovery
B) Asking to admit the truth of any matter relevant to the case
C) Written statement made under penalty of perjury that the document is true
D) Further questions in response to cross-questions
E) Common method of discovery
F) Purpose for the entry on land
G) Cast doubt on or call into question
H) Electronically stored information
I) Depositions in which lawyers orally examine and cross-examine witnesses
J) Interrogating party

Question 73

Match the terms with their descriptions:

-Interrogator

A) Any person may be subject to this method of discovery
B) Asking to admit the truth of any matter relevant to the case
C) Written statement made under penalty of perjury that the document is true
D) Further questions in response to cross-questions
E) Common method of discovery
F) Purpose for the entry on land
G) Cast doubt on or call into question
H) Electronically stored information
I) Depositions in which lawyers orally examine and cross-examine witnesses
J) Interrogating party

Question 74

Match the terms with their descriptions:

-Impeach

A) Any person may be subject to this method of discovery
B) Asking to admit the truth of any matter relevant to the case
C) Written statement made under penalty of perjury that the document is true
D) Further questions in response to cross-questions
E) Common method of discovery
F) Purpose for the entry on land
G) Cast doubt on or call into question
H) Electronically stored information
I) Depositions in which lawyers orally examine and cross-examine witnesses
J) Interrogating party

Question 75

Match the terms with their descriptions:

-Request for admission

A) Any person may be subject to this method of discovery
B) Asking to admit the truth of any matter relevant to the case
C) Written statement made under penalty of perjury that the document is true
D) Further questions in response to cross-questions
E) Common method of discovery
F) Purpose for the entry on land
G) Cast doubt on or call into question
H) Electronically stored information
I) Depositions in which lawyers orally examine and cross-examine witnesses
J) Interrogating party

Question 76

Identify common methods of discovery and discuss how are they used by parties.

Question 77

Define, compare, and contrast a motion for order compelling discovery and a subpoena.

Question 78

Define interrogatories and a deposition. Compare and contrast interrogatories and depositions on written questions

Question 79

Discuss why depositions, but not interrogatories, require oaths to be administered by a person authorized to do it.

Question 80

Discuss why the Federal Rules of Civil Procedure have been amended to reflect the growth of e-discovery.