BUSFIN 3500 MIDTERM 1 QUESTIONS AND
ACCURATE ANSWERS
Attorney-Client Privilege - Answers - Law protects confidential communications between
the attorney and clients from its disclosure to a third person
Purpose of Attorney Client Privilege - Answers - Promote compliance with the law
Exceptions to the attorney client privilege - Answers - When in the presence of a 3rd
party
An overriding public policy
ex. When client is using lawyers service to commit a crime or fraud
Work Product Doctrine - Answers - Any materials that have been prepared in
anticipation of a lawsuit fall under this doctrine, and are privileged.
Neither attorney nor client can be compelled to disclose these materials
Court systems (2 types) - Answers - State and Federal
Court systems (3 levels) - Answers - Trial, Appellate, Supreme
Stages of the Civil Process - Answers - 1. Pleading
2. Discovery
3. Trial
4. Appellate
Jurisdiction - Answers - Power of a court to hear and decide a case
District court - Answers - basic federal trial court
at least one in each state or territory
Pleadings - Answers - the documents that tell each party's claims or defenses against
the other parties
Class action suit - Answers - when a person brings a suit on behalf of a class of people
who have been similarly injured
requirements of class action suit - Answers - questions of law or fact must be common
to class
-claims of representative parties must be typical of the claims or defenses of the class
Motion to dismiss - Answers - in pleading stage
, says "so what?
-Even if you prove what you said, the law does not recognize this as actionable
Motion for judgement - Answers - in pleading stage
alleges that on the basis of an examination of all pleadings, the movant should prevail
injunction - Answers - -order compelling the defendant to do something or to refrain
from doing something
Interrogatories - Answers - Discovery Stage
written questions directed to the other party
Litigation hold - Answers - When a company suspends its usual document retention and
preservation policy and directs its employees to preserve documents and electronically
stored information in anticipation of future litigation
Motion for summary judgement - Answers - calls attention to discovery materials, and
may include additional sworn statements not part of the discovery
Another name for monetary damages: - Answers - Legal relief
Preponderance - Answers - In most civil cases, the plaintiff has the burden of proving
the case by a preponderance of the evidence
-"by the greater weight of the evidence"
Motion for directed verdict - Answers - Trial stage motion
Requests the court direct a verdict in the movant's favor
customarily made by both parties at the end of the opponents case in chief
Motion for judgement notwithstanding the verdict - Answers - Trial stage motion
made by the losing party after return of an unfavorable verdict
Res judicta - Answers - "the matter has been decided"
-losing party may not institute a new suit against the same parties involving the same
issues
Appellate courts - Answers - courts that review trial court decisions
Mediation - Answers - Involves an intermediary to assist the parties in resolving the
conflict
Early neutral evaluation - Answers - Report is given to neutral evaluator, who gives
report of each side
-parties use report in an effort to settle
Minitrials - Answers - Structured to convert a legal dispute into a business problem
ACCURATE ANSWERS
Attorney-Client Privilege - Answers - Law protects confidential communications between
the attorney and clients from its disclosure to a third person
Purpose of Attorney Client Privilege - Answers - Promote compliance with the law
Exceptions to the attorney client privilege - Answers - When in the presence of a 3rd
party
An overriding public policy
ex. When client is using lawyers service to commit a crime or fraud
Work Product Doctrine - Answers - Any materials that have been prepared in
anticipation of a lawsuit fall under this doctrine, and are privileged.
Neither attorney nor client can be compelled to disclose these materials
Court systems (2 types) - Answers - State and Federal
Court systems (3 levels) - Answers - Trial, Appellate, Supreme
Stages of the Civil Process - Answers - 1. Pleading
2. Discovery
3. Trial
4. Appellate
Jurisdiction - Answers - Power of a court to hear and decide a case
District court - Answers - basic federal trial court
at least one in each state or territory
Pleadings - Answers - the documents that tell each party's claims or defenses against
the other parties
Class action suit - Answers - when a person brings a suit on behalf of a class of people
who have been similarly injured
requirements of class action suit - Answers - questions of law or fact must be common
to class
-claims of representative parties must be typical of the claims or defenses of the class
Motion to dismiss - Answers - in pleading stage
, says "so what?
-Even if you prove what you said, the law does not recognize this as actionable
Motion for judgement - Answers - in pleading stage
alleges that on the basis of an examination of all pleadings, the movant should prevail
injunction - Answers - -order compelling the defendant to do something or to refrain
from doing something
Interrogatories - Answers - Discovery Stage
written questions directed to the other party
Litigation hold - Answers - When a company suspends its usual document retention and
preservation policy and directs its employees to preserve documents and electronically
stored information in anticipation of future litigation
Motion for summary judgement - Answers - calls attention to discovery materials, and
may include additional sworn statements not part of the discovery
Another name for monetary damages: - Answers - Legal relief
Preponderance - Answers - In most civil cases, the plaintiff has the burden of proving
the case by a preponderance of the evidence
-"by the greater weight of the evidence"
Motion for directed verdict - Answers - Trial stage motion
Requests the court direct a verdict in the movant's favor
customarily made by both parties at the end of the opponents case in chief
Motion for judgement notwithstanding the verdict - Answers - Trial stage motion
made by the losing party after return of an unfavorable verdict
Res judicta - Answers - "the matter has been decided"
-losing party may not institute a new suit against the same parties involving the same
issues
Appellate courts - Answers - courts that review trial court decisions
Mediation - Answers - Involves an intermediary to assist the parties in resolving the
conflict
Early neutral evaluation - Answers - Report is given to neutral evaluator, who gives
report of each side
-parties use report in an effort to settle
Minitrials - Answers - Structured to convert a legal dispute into a business problem
