Discovery and Federal Rule of Civil Procedure 11 Self-Quiz

 

 

 

 

 

 

 

 

 

Discovery is primarily used to:
Choice 1 Gather facts and information in preparation for trial.
Choice 2 Discredit witnesses before they testify.
Choice 3 Argue motions before the judge overseeing the lawsuit.
Choice 4 Seek privileged information about opposing parties.
Carla was in a car accident with Bobby. Carla brought a lawsuit against Bobby for negligence and damages as well as medical expenses. During discovery, Bobby’s attorney requested that Carla’s child custody agreement for her daughter Annie be sent to them. Carla’s attorney objected. How should a court rule on the attorney’s request?
Choice 1 The request should be permitted because discovery allows for unlimited requests for information from the parties.
Choice 2 The request should be permitted because it was requested during the early part of the discovery process.
Choice 3 The request should be denied because the request for information is not relevant to the current lawsuit.
Choice 4 The request should be denied because the Bobby’s attorney failed to seek the information in a motion to the court.
Scarlett was involved in a motorcycle accident with Tom. Scarlett had given a statement to the police about the accident. In the statement, she stated that Tom had run the red light with his SUV and struck her motorcycle. She also made the statement that he was slurring his speech and smelled of alcohol. When she was preparing for her deposition, she sent a request to the police to see her statement. However, the police informed her that they had received a formal request from Tom’s attorney to prevent her from having access to it. Was the police’s conduct proper under the Federal Rules of Civil Procedure?
Choice 1 Yes, because the opposing party can seek to restrict a party’s access to all statements.
Choice 2 No, because a party who gives a statement has unrestricted access to all statements that are given by that party.
Choice 3 Yes, because a party has limited access to statements that are given by that party.
Choice 4 No, because a party has unrestricted access to all statements given by any parties or witnesses related to the lawsuit.
Discovery procedure under the Federal Rule of Civil Procedure requires that which of the following must be disclosed when calling an expert witness at trial?
Choice 1 The expert’s personal background.
Choice 2 The expert’s unfinished and finished reports.
Choice 3 The expert’s credentials and those of his colleagues.
Choice 4 The expert’s published and signed reports and all exhibits and data to be submitted in court.
Interrogatories may be submitted to the following persons:
Choice 1 Parties and witnesses.
Choice 2 Parties only.
Choice 3 Witnesses only.
Choice 4 Parties during the first 30 days of discovery.
Depositions are a favorite discovery device because:

(I) They offer the attorneys latitude in asking questions in person
(II) The party may submit written answers with the aid of their attorneys.
(III) They offer the attorney an opportunity to observe the witness or party in person
(IV) They offer the attorney an opportunity to discredit a witness prior to trial.

Choice 1 I, II, and III.
Choice 2 II, III, and IV.
Choice 3 I and IV.
Choice 4 I and III.
The purpose of protective orders is:
Choice 1 To prevent embarrassing, offensive or expensive information from being publicized.
Choice 2 To authorize a party to suppress information it finds embarrassing at its own discretion.
Choice 3 To compel a party to disclose information.
Choice 4 To speed up the discovery process.
Rule 11 provides that an attorney or party who affixes their signature to any court document:
Choice 1 Attests to their first hand knowledge that all facts are the truth.
Choice 2 Attests to the validity of the information contained to the best of their knowledge or belief.
Choice 3 Attests to the validity of the information, but the signature is not required.
Choice 4 Attests to the frivolity of the information contained in the document.

© 2003 - 2018 National Paralegal College