Deck 11: Physical and Mental Examinations

Question 1

Cases in which physical and mental examinations are often used include ________.

A) personal injuries
B) industrial accidents
C) paternity suits
D) All of these choices.

Answer 1

D

Question 2

Physical and mental examinations invade the privacy of the person submitting to the examination.

Answer 2

True

Question 3

Jefferson may require that Moffett submit to a physical examination.

Answer 3

True

Question 4

The majority of physical and mental examinations are scheduled by the mutual agreement of the attorneys for the parties.

Question 5

Because of his age, the court will not require that Austin submit to a physical examination.

Question 6

Notice is a formal written notification to the person to be examined and to the other parties.

Question 7

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

A) an absolute right
B) solely within the discretion of the trial judge
C) never granted
D) None of these choices.

Question 8

The discretion of the trial judge to grant a motion for a compulsory examination ________.

A) requires that the moving party prove its case on the merits, as it would have to do at trial
B) automatically means that a hearing will be held prior to entry of an order for the examination
C) includes the authority to require a hearing in some cases
D) All of these choices.

Question 9

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

Question 10

A request for a mental examination would be granted if neither mental nor emotional injuries have been alleged.

Question 11

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.

Question 12

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.

Question 13

The court will decide that good cause exists to order a physical or mental examination only if the same information cannot be found in any other way.

Question 14

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

Question 15

One reason the law allows physical and mental examinations is to establish the truth about the plaintiff's allegations of physical or mental injuries.

Question 16

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

Question 17

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

Question 18

When presented with a proposed order for granting a motion for a compulsory examination, the judge may ________.

A) enter the proposed order as submitted
B) reject or revise the proposed order
C) require additional examinations
D) All of these choices.

Question 19

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

A) contacting the physician or laboratory to discuss the purpose of the examination and the nature of the case
B) drafting the motion for a compulsory physical examination and a proposed order
C) contacting the physician or laboratory to request a copy of the report
D) All of these choices.

Question 20

Notice must be given to Moffett of the request for a physical examination of Austin.

Question 21

Formal written notification of the intention to request a physical or mental examination is known as a(n) ________.

Question 22

Caution must be exercised in asking for a copy of the physician's report or the laboratory test results after the examination of the firm's client ________.

A) because the discovery provisions under the Federal Rules are reciprocal
B) because of the cost of the report
C) Both a and b.
D) None of these choices.

Question 23

A major criterion in choosing an examining physician is the ________ of the party to be examined.

Question 24

In law, a substantial reason for taking action is known as a(n) ________ cause.

Question 25

Total discretion for the granting of a physical or mental examination lies with the ________.

Question 26

Most physical and mental examinations are scheduled by the ________ consent of the parties to the lawsuit

Question 27

In which of the following scenarios would a motion for a compulsory mental or physical examination not be granted?

A) If a plaintiff claims to be the victim of intentionally caused emotional distress
B) If a plaintiff is asked to undergo a mental examination and no mental or emotional injuries have been alleged
C) If the physical or mental condition to be examined by the medical professional is not in controversy
D) Either b or c.

Question 28

If agreement for a mental or physical examination cannot be reached, ________.

A) a formal motion for a compulsory examination will be necessary
B) the examination cannot be held
C) a mediator must be appointed to negotiate the arrangements for the examination
D) Either a or c.

Question 29

Physical and mental examinations in federal court are controlled by Rule ________ of the Federal Rules of Civil Procedure.

Question 30

Permission for a client's own physician to be present during a physical or mental examination lies within the discretion of the ________.

Question 31

A requirement that the condition to be examined in a physical or mental examination be at the heart of the dispute in the case is known as ________.

Question 32

A physical or mental examination ordered by the court is known as a(n) ________ examination.

Question 33

A party may be required to travel to the city where the suit has been ________ to undergo a physical or mental examination.

Question 34

Reasons for allowing physical and mental examinations are ________.

A) to deter the filing of fraudulent or exaggerated lawsuits
B) to uncover inconsistencies between a plaintiff's subjective complaints and the objective nature of the injury
C) to substantiate the actual injuries of the plaintiff
D) All of these choices.