Exam 2 - Civil Procedure with
Complete Solutions
What is Discovery? - ANS-The procedure that the parties to a lawsuit follow in order to
uncover the facts that are involved in the suit. The system involves an exchange of
information among the parties using certain established discovery techniques including
What are the five major methods of Discovery? - ANS-1. Depositions.
2. Interrogatories.
3. Request for the production of documents, ESI, and tangible things, or entry upon land
for inspection and other purposes.
4. Requests for physical and mental examinations.
5. Requests for admissions.
What are some factors that should be considered in choosing Discovery methods? -
ANS--Time and expenses.
What five unethical methods are involved in the Discovery process? - ANS-1. It's
unethical to stop a party from obtaining evidence.
2. To destroy evidence.
3. Falsify evidence.
4. Make an unwarranted discovery request.
5. To request more information than is necessary for the case.
What types of evidence can be legally obtained during the Discovery process? - ANS--
Anything a party saw, heard, etc
-Hearsay
-Details on how a business functions.
Deposition - ANS-An out-of-court question and answer session under oath, conducted
in advance of a lawsuit as a part of the discovery process.
Interrogatories - ANS-Written questions requiring written answers under oath and
directed to a party, in which another party seeks information related to the litigation.
Request for a physical or mental examination - ANS-A request made by one party to
another party in that lawsuit to undergo a physical or mental examination provided that
the examination involves a condition that is at issue in the pending action.
, Federal Rules of Evidence (Rule 502) - ANS-Under Rule 502(b), the unintentional
release of evidence protected by either the attorney- client privilege or the work product
privilege will not be considered an overall waiver, provided that the initial disclosure was
genuinely accidental, and resulted despite the fact that the holder of the privilege "took
reasonable steps" to protect the evidence.
Limits Expert Testimony - ANS--Party must exchange information about Expert
Witnesses who will appear 90 days before trial.
- if the expert testimony is to be used simply to challenge evidence that was introduced
by another party related to the same topic, that time period is shortened to 30 days after
the original revelation of that evidence.
The Fifth Amendment Privilege against self-incrimination - ANS-A privilege granted by
the Fifth Amendment to the Constitution that prevents a criminal defendant from being
forced to testify against himself or herself, but which can, under certain circumstances,
be used in a civil case.
Confidentiality Agreements - ANS-An agreement that is designed to protect confidential
information, trade secrets, and other secret data from being revealed during the
discovery process in a lawsuit.
Protective Orders - ANS-An order that is issued by the court in a lawsuit that protects a
party in the suit from revealing information, documents, data, or other types of evidence
to another party who has previously requested the production of that evidence.
Protective orders are permitted under Rule 26(c) of the Federal Rules of Civil
Procedure.
What is the purpose of quick peek and clawback agreements? - ANS-Two types of
agreements minimize the risk of the accidental disclosure of privileged information.
Quick Peek Agreement - ANS-An agreement that allows the data retriever to give
evidence to the data requester for a preliminary assessment while still preserving all
privileges associated with that evidence.
Clawback Agreement - ANS-An agreement, sometimes called a nonwaiver agreement
that allows the parties to agree that privileges can be asserted after evidence has been
sent to the other party if the data retriever discovers that it has accidentally included
privileged information in the evidence sent to the data requester.
Why is voluntary cooperation necessary for the discovery process? - ANS-under the
principle of reciprocity, each side knows that any attempt to disrupt the discovery
process may result in a similar attempt by the other side. Second, each side knows that
the court disapproves of any attempt to interfere with discovery. Finally, the Federal
Rules of Civil Procedure provide severe sanctions for those parties who refuse to obey
discovery orders made by the court.
Complete Solutions
What is Discovery? - ANS-The procedure that the parties to a lawsuit follow in order to
uncover the facts that are involved in the suit. The system involves an exchange of
information among the parties using certain established discovery techniques including
What are the five major methods of Discovery? - ANS-1. Depositions.
2. Interrogatories.
3. Request for the production of documents, ESI, and tangible things, or entry upon land
for inspection and other purposes.
4. Requests for physical and mental examinations.
5. Requests for admissions.
What are some factors that should be considered in choosing Discovery methods? -
ANS--Time and expenses.
What five unethical methods are involved in the Discovery process? - ANS-1. It's
unethical to stop a party from obtaining evidence.
2. To destroy evidence.
3. Falsify evidence.
4. Make an unwarranted discovery request.
5. To request more information than is necessary for the case.
What types of evidence can be legally obtained during the Discovery process? - ANS--
Anything a party saw, heard, etc
-Hearsay
-Details on how a business functions.
Deposition - ANS-An out-of-court question and answer session under oath, conducted
in advance of a lawsuit as a part of the discovery process.
Interrogatories - ANS-Written questions requiring written answers under oath and
directed to a party, in which another party seeks information related to the litigation.
Request for a physical or mental examination - ANS-A request made by one party to
another party in that lawsuit to undergo a physical or mental examination provided that
the examination involves a condition that is at issue in the pending action.
, Federal Rules of Evidence (Rule 502) - ANS-Under Rule 502(b), the unintentional
release of evidence protected by either the attorney- client privilege or the work product
privilege will not be considered an overall waiver, provided that the initial disclosure was
genuinely accidental, and resulted despite the fact that the holder of the privilege "took
reasonable steps" to protect the evidence.
Limits Expert Testimony - ANS--Party must exchange information about Expert
Witnesses who will appear 90 days before trial.
- if the expert testimony is to be used simply to challenge evidence that was introduced
by another party related to the same topic, that time period is shortened to 30 days after
the original revelation of that evidence.
The Fifth Amendment Privilege against self-incrimination - ANS-A privilege granted by
the Fifth Amendment to the Constitution that prevents a criminal defendant from being
forced to testify against himself or herself, but which can, under certain circumstances,
be used in a civil case.
Confidentiality Agreements - ANS-An agreement that is designed to protect confidential
information, trade secrets, and other secret data from being revealed during the
discovery process in a lawsuit.
Protective Orders - ANS-An order that is issued by the court in a lawsuit that protects a
party in the suit from revealing information, documents, data, or other types of evidence
to another party who has previously requested the production of that evidence.
Protective orders are permitted under Rule 26(c) of the Federal Rules of Civil
Procedure.
What is the purpose of quick peek and clawback agreements? - ANS-Two types of
agreements minimize the risk of the accidental disclosure of privileged information.
Quick Peek Agreement - ANS-An agreement that allows the data retriever to give
evidence to the data requester for a preliminary assessment while still preserving all
privileges associated with that evidence.
Clawback Agreement - ANS-An agreement, sometimes called a nonwaiver agreement
that allows the parties to agree that privileges can be asserted after evidence has been
sent to the other party if the data retriever discovers that it has accidentally included
privileged information in the evidence sent to the data requester.
Why is voluntary cooperation necessary for the discovery process? - ANS-under the
principle of reciprocity, each side knows that any attempt to disrupt the discovery
process may result in a similar attempt by the other side. Second, each side knows that
the court disapproves of any attempt to interfere with discovery. Finally, the Federal
Rules of Civil Procedure provide severe sanctions for those parties who refuse to obey
discovery orders made by the court.
