Question 1

In Barabin v. AstenJohnson, where Barabin sued for injury from asbestos, the appeals court held that AstenJohnson could not use its employees as expert witnesses since there was an obvious conflict of interest.

Accepted Answer

In Barabin v. AstenJohnson, the issue was not about the company being unable to use its employees as expert witnesses due to a conflict of interest. The case primarily dealt with the admissibility of expert testimony and whether the trial court properly exercised its gatekeeping role in allowing expert evidence, under the standards set by Daubert v. Merrell Dow Pharmaceuticals, Inc.

Question 2

In Barabin v. AstenJohnson, where Barabin sued for injury from asbestos, the appeals court held that because the expert witness for Barabin was not reliable, Barabin had to pay AstenJohnson's legal fees from the trial.

Accepted Answer

In Barabin v. AstenJohnson, the appeals court's decision focused on whether the district court properly exercised its gatekeeping role regarding expert testimony admissibility, not on assigning legal fees based on the reliability of the expert witness.

Question 3

Even if the physical or mental condition of a party to a lawsuit is an issue, an examination by doctors cannot be required due to the constitutional right of privacy.

Accepted Answer

While the constitutional right of privacy is a significant factor in legal cases, it is not an absolute protection against medical examinations. In certain circumstances, a judge may order a medical evaluation to gather information pertinent to a case. However, such orders are only granted when there is no other way to obtain the information necessary to rule on the matter.

Question 4

If a physical exam is necessary to determine the extent of an injury to the plaintiff that is relevant to a case, the doctor used must be one approved by the plaintiff.

Accepted Answer

The doctor used to determine the extent of an injury to the plaintiff relevant to a case must be a neutral third-party physician, not one approved by either party.

Question 5

When preparing answers to interrogatory questions, the witness may not rely on her attorney for assistance.

Accepted Answer

When preparing answers to interrogatory questions, a witness can indeed rely on their attorney for assistance to ensure the answers are accurate, complete, and legally appropriate.

Question 6

If a party in litigation refuses to answer the depositions of the other party the court may find the party that refuses to answer in contempt of court.

Accepted Answer

This is true as refusal to answer depositions is a violation of court rules, and may result in sanctions such as contempt of court.

Question 7

If a business is found to have records in such a mess that the other side of in a lawsuit cannot find documents it wants, the court may punish the messy party or even rule against it in the case.

Accepted Answer

This is because keeping accurate and organized records is crucial in legal proceedings, and failure to do so can result in negative consequences for the business.

Question 8

Interrogatories are written questions submitted by the opposing party.

Accepted Answer

Interrogatories are indeed written questions submitted by the opposing party in a legal proceeding.

Question 9

A request for admissions means parties agree to accept certain facts as true and not require them to be proven in court.

Accepted Answer

A request for admissions, also known as requests to admit or RFAs, is a discovery tool used in civil litigation. By responding to RFAs, parties either admit or deny certain statements or allegations made by the opposing party. If a party admits a fact in response to an RFA, that fact is deemed to be true for purposes of the case and will not need to be proven at trial. Therefore, the statement is true.

Question 10

A deposition is taken under oath; the party being questioned in a deposition may not talk to his attorney for advice.

Accepted Answer

While the deponent cannot receive coaching or advice during the deposition, they are typically allowed to confer with their attorney if they need to clarify a question or take a break.

Question 11

In Cooper Tire v. Mendez, involving a blown tire in a serious accident, the Texas high court held that because the expert witness for Mendez was not reliable, the verdict in his favor was thrown out and a verdict entered for Cooper.

Accepted Answer

The statement accurately summarizes the holding of the case.

Question 12

When expert testimony is critical to a case, but is excluded as unreliable, there is a right to a new trial with a new, credible witness.

Accepted Answer

The exclusion of expert testimony as unreliable does not automatically grant the right to a new trial with a new, credible witness. The decision to grant a new trial is at the discretion of the court and depends on the specific circumstances of the case.

Question 13

Information gathered at a deposition before trial may not be used as evidence at trial.

Accepted Answer

Information gathered at a deposition before trial can be used as evidence at trial under certain circumstances, such as if a witness is unavailable to testify in person.

Question 14

A request for admission is when a party to a suit asks the other party, based on the evidence collected, to admit that it has no chance to win the suit.

Accepted Answer

A request for admission is when a party asks the other party to admit or deny certain facts or documents relevant to the case. It is not an admission that the party has no chance of winning the suit.

Question 15

When giving answers to interrogatories, the witness may not leave the room to look up information.

Accepted Answer

Interrogatories are written questions sent by one party to another as part of the discovery process in a lawsuit, to be answered in writing and under oath. The respondent has time to research and look up information before responding, unlike in a deposition where the witness must answer questions in real-time without leaving the room.

Question 16

Expert witness testimony will be thrown out if it does not comply with the standards of the profession or science involved.

Accepted Answer

This is because expert witness testimony is expected to be based on reliable methods and supported by evidence that is generally accepted within the relevant scientific or professional community. If an expert's testimony is found to be unreliable or not based on generally accepted methods or evidence, it may be excluded by the court.

Question 17

If a party requests sensitive documents, such as a trade secret, the order will not be granted unless the court remains in possession of the evidence at all times.

Accepted Answer

Courts can grant orders for the production of sensitive documents like trade secrets but often impose protective measures to ensure confidentiality, rather than retaining possession of the evidence at all times.

Question 18

A deposition is taken under oath; it allows attorneys from both sides to be present.

Accepted Answer

A deposition is a sworn testimony given under oath and both attorneys from both sides are present during the process.

Question 19

When expert testimony is critical to a case, but is excluded as unreliable, the affected party has the right to hold the trial while obtaining a credible witness.

Accepted Answer

The exclusion of expert testimony as unreliable can significantly impact a party's ability to present their case, but it does not grant them the right to delay the trial to obtain a new expert witness. The trial schedule is determined by the court, and any adjustments would need the court's approval, which is not guaranteed based on the exclusion of testimony.

Question 20

Even if both parties admit the truthfulness of a fact related to a dispute, the fact still must still be proved by evidence in court.

Accepted Answer

If both parties admit the truthfulness of a fact, it is considered an admitted fact and does not require further proof in court. Admissions by the parties can serve as evidence, eliminating the need for additional proof regarding those specific facts.

Quiz 3: Trials and Resolving Disputes