Civil Litigation - Final Review exam
with 100%correct answers 2025
Purposes of discovery include.
a. preventing one of the parties from winning the lawsuit by surprise or
trickery
b. determining the truth or the falseness of the alleged
facts that form the basis of the suit
c. examining the facts and weighing the advisability of proceeding with the
case or settling early
d. all of the above <correct answer>d. all of the above
Depositions are.
a. written questions to a party that require written answers under oath
b. the oral or written testimony of a party or witness given under oath
outside a courtroom
c. the admission of truth concerning certain facts or the genuineness of a
document
d. a request for the inspection or duplication of documents or other
materials that is relevant to the subject matter of the litigation <correct
answer>b. the oral or written testimony of a party or witness given under
oath outside a courtroom
A relatively inexpensive type of discovery is the.
a. oral deposition
,b. interrogatory
c. request for production
d. request for a physical or mental examination <correct answer>b.
interrogatory
An unethical discovery tactic is.
a. destruction of a damaging document by an attorney
b. falsifying evidence or helping someone else falsify evidence
c. making a discovery request that is unwarranted or requesting much more
information than is really necessary for the case
d. all of the above <correct answer>d. all of the above
Limits on the discovery process include.
a. the attorney-client privilege
b. the work product privilege
c. the Fifth Amendment privilege against self-incrimination
d. all of the above <correct answer>d. all of the above
The final decision to assert the attorney-client privilege remains with.
a. the client
b. the attorney
, c. the court
d. either a or b <correct answer>a. the client
The attorney-client privilege may be lost or waived by the client.
a. if the client does not intend the communication to be confidential
b. if the client discloses the communication to others
or if a third party not related to the client is present during an attorney-client
discussion
c. if in a multi-jurisdictional case, an associate attorney from a foreign
nation owes loyalty to the nation rather than the client
d. any of the above <correct answer>d. any of the above
Major problems with the work product privilege include.
a. determining what documents actually were prepared in anticipation of
litigation
b. the fact that the work product privilege is not an absolute privilege
c. both a and b
d. neither a nor b <correct answer>c. both a and b
Sanctions against parties who refuse to comply with production include.
a. dismissal of the action or granting of a default judgment
b. granting of reasonable expenses, including attorney's fees, caused by
the failure to cooperate
with 100%correct answers 2025
Purposes of discovery include.
a. preventing one of the parties from winning the lawsuit by surprise or
trickery
b. determining the truth or the falseness of the alleged
facts that form the basis of the suit
c. examining the facts and weighing the advisability of proceeding with the
case or settling early
d. all of the above <correct answer>d. all of the above
Depositions are.
a. written questions to a party that require written answers under oath
b. the oral or written testimony of a party or witness given under oath
outside a courtroom
c. the admission of truth concerning certain facts or the genuineness of a
document
d. a request for the inspection or duplication of documents or other
materials that is relevant to the subject matter of the litigation <correct
answer>b. the oral or written testimony of a party or witness given under
oath outside a courtroom
A relatively inexpensive type of discovery is the.
a. oral deposition
,b. interrogatory
c. request for production
d. request for a physical or mental examination <correct answer>b.
interrogatory
An unethical discovery tactic is.
a. destruction of a damaging document by an attorney
b. falsifying evidence or helping someone else falsify evidence
c. making a discovery request that is unwarranted or requesting much more
information than is really necessary for the case
d. all of the above <correct answer>d. all of the above
Limits on the discovery process include.
a. the attorney-client privilege
b. the work product privilege
c. the Fifth Amendment privilege against self-incrimination
d. all of the above <correct answer>d. all of the above
The final decision to assert the attorney-client privilege remains with.
a. the client
b. the attorney
, c. the court
d. either a or b <correct answer>a. the client
The attorney-client privilege may be lost or waived by the client.
a. if the client does not intend the communication to be confidential
b. if the client discloses the communication to others
or if a third party not related to the client is present during an attorney-client
discussion
c. if in a multi-jurisdictional case, an associate attorney from a foreign
nation owes loyalty to the nation rather than the client
d. any of the above <correct answer>d. any of the above
Major problems with the work product privilege include.
a. determining what documents actually were prepared in anticipation of
litigation
b. the fact that the work product privilege is not an absolute privilege
c. both a and b
d. neither a nor b <correct answer>c. both a and b
Sanctions against parties who refuse to comply with production include.
a. dismissal of the action or granting of a default judgment
b. granting of reasonable expenses, including attorney's fees, caused by
the failure to cooperate