BCP Final Exam – Questions With Detailed Answers
1. Fuentes, the beneficiary of a life insurance policy owned by Carello, sues
Reliable Insurance to collect the proceeds of the policy. In its answer,
Reliable claims that Carello committed suicide, and it is therefore not liable
on the policy. (As a matter of law, it would not be liable if this is true).
Reliable moves for summary judgment, attaching the affidavit of Herrera,
who swears that he saw Carello deliberately jump from the seventh-story
window. It also attaches an excerpt from a deposition of Carello's family
physician, in which she states that she had told Carello that he was
dangerously ill and not likely to live more than a few more months.
Fuentes files an affidavit in opposition to the motion, in which she states
that she had had a conversation with Carello a week before he died, in
which he expressed disbelief that he was seriously ill, and the hope that he
would recover. The trial judge should ✔️Ans - deny the motion if she
concludes that there is a question of fact as to whether Carello committed
suicide.
2. Sorenson sues Marathon Corporation in federal court for the fee he had
earned as the broker after he had assisted Marathon in acquiring a family
business. He seeks his commission, damages for fraud, and statutory
damages under a state statute. DeMarco, Sorenson's counsel, takes the
deposition of Sanchez, an independent accountant who audited Marathon's
business, and had been involved in the negotiations and planning for the
acquisition. At the outset of the deposition, DeMarco asks Sanchez whether
the company's lawyers, in preparing him for his deposition, had noted any
particularly problematic issues they expected to come up at the deposition,
and what areas of inquiry they had spent most of their time discussing.
Marathon's counsel objects based on the work product doctrine and
attorney-client privilege. ✔️Ans - sustained under Hickman v. Taylor,
even if Rule 26(b)(3) does not apply and Sorenson demonstrates a
substantial need for the information.
3. Amy, a purchaser of "DietAid" diet drink, filed a class action in federal
court in California, her home state, against Smith Pharmaceuticals (a
California corporation with its principal place of business in California), the
manufacturer of DietAid. Amy's complaint alleges that DietAid actually has
, no weight loss benefits and alleges breach of implied warranty claims
against Smith Pharmaceuticals. The complaint seeks recovery of the
amount that Amy and each class member paid for the pills. The complaint
describes the class as "all citizens and legal residents of the United States
who have purchased DietAid from Smith Pharmaceuticals from January 1,
2013, to December 31, 2016." Approximately 60,000 class members each
paid $100 for DietAid, which was sold in California, Texas, New York, and
Florida. There are about 15,000 class members in each of the four states.
Amy's individual claim is for $225 in out-of-pocket ex ✔️Ans - Yes. There
is sufficient minimal diversity, there are more than one hundred class
members and the amount in controversy exceeds $5 million.
Leahy Pharmaceuticals receives a series of complaints about its "Nasa-
Clean" nasal spray. One letter, from counsel for Wallace, demands
compensation for injuries Wallace allegedly sustained from using the spray,
and threatens suit if compensation is not provided. Leahy officers doubt
that Nasa-Clean caused Wallace's injuries. In order to determine whether to
settle or litigate the claim, they ask Friedan, a chemist who works for the
company, to review relevant records regarding the spray to determine
whether it has caused similar injuries to other users. Friedan submits a
written report on her investigation to Leahy.
Four months later, Wallace brings suit in federal court against Leahy for his
injuries and requests production of all documents and reports in Leahy's
possession concerning problems with Nasa-Clean. Friedan's report.
✔️Ans - is protected from discovery under Rule 26(b)(3), unless Wallace
makes a showing of substantial need and inability to obtain equivalent
information through other means.
Mason sues Drake in federal court for negligently causing a fire in her
warehouse in Boston. A week after the fire, Mason's attorney locates and
interviews Collins, who was drinking wine behind the warehouse at the
time of the fire. Collins says he and Engels saw someone who looked like
Drake speed away from the fire just after it began. Mason's counsel made
an audio recording of the interview with Collins. Collins lives in Boston,
within the district in which the suit is pending. Drake's attorney had asked
Collins to come in to discuss the case informally with him, but Collins
refused.
Drake serves interrogatories on Mason asking Mason to "state the names of
any witnesses who may have knowledge of the events giving rise to this
1. Fuentes, the beneficiary of a life insurance policy owned by Carello, sues
Reliable Insurance to collect the proceeds of the policy. In its answer,
Reliable claims that Carello committed suicide, and it is therefore not liable
on the policy. (As a matter of law, it would not be liable if this is true).
Reliable moves for summary judgment, attaching the affidavit of Herrera,
who swears that he saw Carello deliberately jump from the seventh-story
window. It also attaches an excerpt from a deposition of Carello's family
physician, in which she states that she had told Carello that he was
dangerously ill and not likely to live more than a few more months.
Fuentes files an affidavit in opposition to the motion, in which she states
that she had had a conversation with Carello a week before he died, in
which he expressed disbelief that he was seriously ill, and the hope that he
would recover. The trial judge should ✔️Ans - deny the motion if she
concludes that there is a question of fact as to whether Carello committed
suicide.
2. Sorenson sues Marathon Corporation in federal court for the fee he had
earned as the broker after he had assisted Marathon in acquiring a family
business. He seeks his commission, damages for fraud, and statutory
damages under a state statute. DeMarco, Sorenson's counsel, takes the
deposition of Sanchez, an independent accountant who audited Marathon's
business, and had been involved in the negotiations and planning for the
acquisition. At the outset of the deposition, DeMarco asks Sanchez whether
the company's lawyers, in preparing him for his deposition, had noted any
particularly problematic issues they expected to come up at the deposition,
and what areas of inquiry they had spent most of their time discussing.
Marathon's counsel objects based on the work product doctrine and
attorney-client privilege. ✔️Ans - sustained under Hickman v. Taylor,
even if Rule 26(b)(3) does not apply and Sorenson demonstrates a
substantial need for the information.
3. Amy, a purchaser of "DietAid" diet drink, filed a class action in federal
court in California, her home state, against Smith Pharmaceuticals (a
California corporation with its principal place of business in California), the
manufacturer of DietAid. Amy's complaint alleges that DietAid actually has
, no weight loss benefits and alleges breach of implied warranty claims
against Smith Pharmaceuticals. The complaint seeks recovery of the
amount that Amy and each class member paid for the pills. The complaint
describes the class as "all citizens and legal residents of the United States
who have purchased DietAid from Smith Pharmaceuticals from January 1,
2013, to December 31, 2016." Approximately 60,000 class members each
paid $100 for DietAid, which was sold in California, Texas, New York, and
Florida. There are about 15,000 class members in each of the four states.
Amy's individual claim is for $225 in out-of-pocket ex ✔️Ans - Yes. There
is sufficient minimal diversity, there are more than one hundred class
members and the amount in controversy exceeds $5 million.
Leahy Pharmaceuticals receives a series of complaints about its "Nasa-
Clean" nasal spray. One letter, from counsel for Wallace, demands
compensation for injuries Wallace allegedly sustained from using the spray,
and threatens suit if compensation is not provided. Leahy officers doubt
that Nasa-Clean caused Wallace's injuries. In order to determine whether to
settle or litigate the claim, they ask Friedan, a chemist who works for the
company, to review relevant records regarding the spray to determine
whether it has caused similar injuries to other users. Friedan submits a
written report on her investigation to Leahy.
Four months later, Wallace brings suit in federal court against Leahy for his
injuries and requests production of all documents and reports in Leahy's
possession concerning problems with Nasa-Clean. Friedan's report.
✔️Ans - is protected from discovery under Rule 26(b)(3), unless Wallace
makes a showing of substantial need and inability to obtain equivalent
information through other means.
Mason sues Drake in federal court for negligently causing a fire in her
warehouse in Boston. A week after the fire, Mason's attorney locates and
interviews Collins, who was drinking wine behind the warehouse at the
time of the fire. Collins says he and Engels saw someone who looked like
Drake speed away from the fire just after it began. Mason's counsel made
an audio recording of the interview with Collins. Collins lives in Boston,
within the district in which the suit is pending. Drake's attorney had asked
Collins to come in to discuss the case informally with him, but Collins
refused.
Drake serves interrogatories on Mason asking Mason to "state the names of
any witnesses who may have knowledge of the events giving rise to this
