BLAW 301, EXAM 1, UTK QUESTIONS & ANSWERS
What is the discovery process? - Answer -process by which parties obtain evidence for
trial. begins after the complaint and answer have been filed. The investigatory phase of
ligation. (all forms of discovery available for both the plaintiff and defendant)
How many forms of discovery are there and what are they? - Answer -1. Request for
production of documents
2. Interrogatory
3. The request for admission
4. The request for examination
5. the deposition
What is the Request for production of documents? - Answer -to get the other side's
paperwork or notes.
What is Interrogatory - Answer -written questions calling for written narrative
responses. Ex: if you got in a car accident. You can ask the other side what they had
done that day leading up to the accident
What is a request for admission? - Answer -a series of factual statements that you
would submit to the other side asking them to admit or deny . EX: the light was green.
They can admit or deny
What is a request for examination? - Answer -an attorney can make a physical
examination of an object in the other side's possession. EX: you can get a doctor to do
an examination on someone if they claim you hurt them
What is a Deposition - Answer -a formal in person interview with either the plaintiff,
defendant, or a witness. The court reporter is there to transcript the whole meeting and
can be used in trial. This is a very powerful tool. You cannot plead the 5th in this. You
have to answer every question. A lawyer can object a question but you may still need to
answer.
What is a motion? - Answer -a written request to the court to do something (after the
defendant answers). To find something, to apply the rules, to dismiss, ect.
What are the 5 common motions? - Answer -1. Motion to dismiss
2. Motion for Judgement on the pleadings
3. motion for summary judgement
4. Motion to suppress evidence
5. motion to compel discovery
, What is motion to dismiss (to throw out a lawsuit) - Answer -a. Failure to state a claim
upon which relief can be granted (based on the idea that the plaintiff's claim doesn't
actually list a law that was violated) EX:: John Oliver's HBO talk show talks bad about
Bob Murry. Bob sued for deformation. Bob's claim did not list specific allegations that
break the law. John Oliver replied with a motion to dismiss because being mean to
someone isn't breaking a law.
b. Lack of standing
c. Lack of personal jurisdiction
What is motion for judgement on the pleadings? - Answer -you are making a request
based on the information in complaint and the answer (the pleadings). Based on the
idea that there could be enough agreement between the complaint and the answer that
would make it possible for the judge to make a legal ruling. A non-jury resolution.
What is motion for summary judgement? - Answer -very similar to "Motion for
judgement on the pleadings" because the two sides agree on enough facts that they
don't need a jury. The difference is on timing. "Motion for judgement on the pleadings"
must happen a short amount of days after the pleadings have been submitted. Also the
facts in "Motion for judgement on the pleadings" are ONLY based on the pleadings
(complaint and answer). This motion happens after discovery and is based on
everything in the pleadings AND discovery. It's difficult to win because usually the
plaintiff and defendant don't agree on enough facts.
What is motion to suppress evidence? - Answer -you try and streamline the evidence
before the trial. Ex: teacher represented a client who was accused of selling cocaine.
They took pics of his room and his wall décor was of a bad movie. She submitted a
motion to suppress the images of the wall décor as it would be profiling him. They
ended up throwing out the pictures of the wall décor.
What is motion to compel discovery? - Answer -If you don't answer the forms of
discovery correctly or effectively. Making people respond to discovery when they don't
want to.
What is a forum? - Answer -location were the lawsuit is happening
What is venue? - Answer -refers to the most appropriate location for the trial within the
larger jurisdiction. Getting a change of venue is nearly impossible. (Ex: TN would be the
larger jurisdiction)
What is a long arm statute? - Answer -ability to bring someone out of state, to in state
(ex: if someone from TN gets in trouble in GA).
What is the Minimum Contacts Rule? - Answer -The court will have jurisdiction over a
non-resident defendant f the defendant has minimum contacts with the forum state such
that the defendant purposefully availed himself of the rights and privileges/protections of
that states law, and can reasonably expect to be brought into court in that state.
What is the discovery process? - Answer -process by which parties obtain evidence for
trial. begins after the complaint and answer have been filed. The investigatory phase of
ligation. (all forms of discovery available for both the plaintiff and defendant)
How many forms of discovery are there and what are they? - Answer -1. Request for
production of documents
2. Interrogatory
3. The request for admission
4. The request for examination
5. the deposition
What is the Request for production of documents? - Answer -to get the other side's
paperwork or notes.
What is Interrogatory - Answer -written questions calling for written narrative
responses. Ex: if you got in a car accident. You can ask the other side what they had
done that day leading up to the accident
What is a request for admission? - Answer -a series of factual statements that you
would submit to the other side asking them to admit or deny . EX: the light was green.
They can admit or deny
What is a request for examination? - Answer -an attorney can make a physical
examination of an object in the other side's possession. EX: you can get a doctor to do
an examination on someone if they claim you hurt them
What is a Deposition - Answer -a formal in person interview with either the plaintiff,
defendant, or a witness. The court reporter is there to transcript the whole meeting and
can be used in trial. This is a very powerful tool. You cannot plead the 5th in this. You
have to answer every question. A lawyer can object a question but you may still need to
answer.
What is a motion? - Answer -a written request to the court to do something (after the
defendant answers). To find something, to apply the rules, to dismiss, ect.
What are the 5 common motions? - Answer -1. Motion to dismiss
2. Motion for Judgement on the pleadings
3. motion for summary judgement
4. Motion to suppress evidence
5. motion to compel discovery
, What is motion to dismiss (to throw out a lawsuit) - Answer -a. Failure to state a claim
upon which relief can be granted (based on the idea that the plaintiff's claim doesn't
actually list a law that was violated) EX:: John Oliver's HBO talk show talks bad about
Bob Murry. Bob sued for deformation. Bob's claim did not list specific allegations that
break the law. John Oliver replied with a motion to dismiss because being mean to
someone isn't breaking a law.
b. Lack of standing
c. Lack of personal jurisdiction
What is motion for judgement on the pleadings? - Answer -you are making a request
based on the information in complaint and the answer (the pleadings). Based on the
idea that there could be enough agreement between the complaint and the answer that
would make it possible for the judge to make a legal ruling. A non-jury resolution.
What is motion for summary judgement? - Answer -very similar to "Motion for
judgement on the pleadings" because the two sides agree on enough facts that they
don't need a jury. The difference is on timing. "Motion for judgement on the pleadings"
must happen a short amount of days after the pleadings have been submitted. Also the
facts in "Motion for judgement on the pleadings" are ONLY based on the pleadings
(complaint and answer). This motion happens after discovery and is based on
everything in the pleadings AND discovery. It's difficult to win because usually the
plaintiff and defendant don't agree on enough facts.
What is motion to suppress evidence? - Answer -you try and streamline the evidence
before the trial. Ex: teacher represented a client who was accused of selling cocaine.
They took pics of his room and his wall décor was of a bad movie. She submitted a
motion to suppress the images of the wall décor as it would be profiling him. They
ended up throwing out the pictures of the wall décor.
What is motion to compel discovery? - Answer -If you don't answer the forms of
discovery correctly or effectively. Making people respond to discovery when they don't
want to.
What is a forum? - Answer -location were the lawsuit is happening
What is venue? - Answer -refers to the most appropriate location for the trial within the
larger jurisdiction. Getting a change of venue is nearly impossible. (Ex: TN would be the
larger jurisdiction)
What is a long arm statute? - Answer -ability to bring someone out of state, to in state
(ex: if someone from TN gets in trouble in GA).
What is the Minimum Contacts Rule? - Answer -The court will have jurisdiction over a
non-resident defendant f the defendant has minimum contacts with the forum state such
that the defendant purposefully availed himself of the rights and privileges/protections of
that states law, and can reasonably expect to be brought into court in that state.
