Civil P&E - Texas Bar Exam Questions and answer rated A+ 2023

Civil P&E - Texas Bar Exam Questions and answer rated A+ 2023What should D file if a P fails to specify allegations on an asserted matter in an amended pleading following D's Special Exception? D should file a Motion to Dismiss or Motion to Strike the unspecified allegations -If P is given the opportunity to amend his petition, but fails to do so, the court should grant D's motion How should a D respond if it is mis-named or mis-identified in a pleading by the P? ex. D is a corp not a partnership 1. D should file a verified denial b/c it is not liable in the capacity in which it was sued. (This will provide notice to P that D intends to invoke status as a corp., LLc, etc.) 2. D should allege the same matters in a verified plea in abatement. (This sets forth an obstacle to further prosecution of the suit, the effective cure, and asks the court to suspend the suit until P corrects the defect.) Can P prepare a chart in front of the jury listing all of P's injuries related to the incident, during P's opening statement? P is permitted to use a visual aid during opening statements to help the jury understand what evidence P intends to offer. The chart itself cannot be evidence. The court has broad discretion to control the manner in which opening statements are conducted. If P deposes an expert hired by D, is P required to pay for the time that the expert spent preparing and attending the deposition? No. When a party takes the oral deposition of an expert witness hired by the opposing party, all reasonable fees charged by the expert for the depo must be paid by the party that hired him/her. How can a party prevent witnesses from hearing trial testimony? An attorney can ask the court to invoke "the Rule" requiring sequestration of witnesses so that witnesses cannot hear other witness testimony, and the court will instruct the witness not to converse with others about the case. Party witnesses, spouses, and experts may be excluded from "the Rule" on request How many peremptory strikes is each side entitled to: (1) in state district court (2) in county court (1) 6 in district court (2) 3 in county court What pleading should a P file to bring D's objection to a Request for Disclosure to the court's attention? P may file a motion for an order compelling discovery after attempting to resolve the dispute. What document should D file to ask a court to keep a matter from being presented to the jury if they feel the evidence is not admissible and is prejudicial? D should file a motion in limine. If granted, P cannot mention the matter in voir dire, opening statement, or during presentation of evidence without first obtaining a ruling on admissibility outside the presence of the jury. Can a venireman be dismissed if he states "all lawsuits are frivolous," but then says he can still be fair to both sides if selected? No. Case law suggests that a prospective juror who has expressed equivocal bias is not disqualified as a matter of law. Additional voir dire questions may be allowed to establish if the prospective juror can be fair. During a court ordered mediation, P overheard D tell D's son that the contract in dispute for the action is probably enforceable. Can P call D's son to testify about the statement? No. D will object if D's son is asked to testify about the statement on the basis that the statements are privileged and protected from disclosure. Any statement made by a party in a mediation related to the subject matter of the dispute is confidential, is not subject to disclosure, and may not be used as evidence in a judicial proceeding.