accident attorney Litigation and Court Procedures 2 — Questions and Answers
Question 1: What are interrogatories as a discovery tool?
- Written questions served on the opposing party that must be answered under oath in writing (Correct answer)
- Verbal questions asked during a deposition
- Questions submitted by the jury during trial
- Written questions sent by the judge to both parties
Correct answer: Written questions served on the opposing party that must be answered under oath in writing
Interrogatories are formal written questions exchanged between parties during discovery that must be answered truthfully and under penalty of perjury.
Question 2: What is mediation in the context of accident cases?
- A voluntary process where a neutral third party helps the parties reach a negotiated settlement (Correct answer)
- A binding court proceeding where a judge decides the outcome
- A formal hearing required before trial in all personal injury cases
- An appeal of a trial court verdict
Correct answer: A voluntary process where a neutral third party helps the parties reach a negotiated settlement
Mediation is a private, confidential settlement process facilitated by a neutral mediator who helps both sides negotiate without imposing a decision.
Question 3: What is the difference between binding and non-binding arbitration?
- Binding arbitration produces a final decision the parties must accept; non-binding allows either party to reject the award and proceed to trial (Correct answer)
- Binding arbitration is conducted by a judge; non-binding by a private arbitrator
- Binding arbitration is free; non-binding has a filing fee
- Non-binding arbitration is faster than binding arbitration
Correct answer: Binding arbitration produces a final decision the parties must accept; non-binding allows either party to reject the award and proceed to trial
Binding arbitration is final and enforceable like a court judgment, while non-binding arbitration is advisory and either party can demand a trial instead.
Question 4: What is a motion in limine in a personal injury trial?
- A pre-trial motion asking the court to exclude certain evidence from the jury's consideration (Correct answer)
- A motion asking the judge to increase the plaintiff's requested damages
- A motion filed after trial to overturn the jury's verdict
- A request to transfer the case to federal court
Correct answer: A pre-trial motion asking the court to exclude certain evidence from the jury's consideration
Motions in limine are filed before trial to prevent the jury from hearing evidence that is irrelevant, prejudicial, or inadmissible.
Question 5: What is the role of a jury instruction in an accident trial?
- The judge's explanation of the applicable law that guides the jury in reaching a verdict (Correct answer)
- Instructions given by the plaintiff's attorney on how to testify
- A written summary of the evidence provided to each juror
- An order from the judge directing the jury to find for one party
Correct answer: The judge's explanation of the applicable law that guides the jury in reaching a verdict
Jury instructions tell the jury what law applies to the case and what elements must be proven for each claim and defense.
Question 6: What is a default judgment in a personal injury lawsuit?
- A judgment entered against a defendant who fails to respond to the lawsuit within the required time (Correct answer)
- A judgment automatically entered when the plaintiff is unrepresented
- A pre-set damages amount used when liability is not disputed
- An emergency injunction issued before the defendant is served
Correct answer: A judgment entered against a defendant who fails to respond to the lawsuit within the required time
If a defendant is properly served but fails to appear or respond, the court may enter a default judgment awarding the plaintiff the relief requested.
accident attorney Litigation and Court Procedures 2
What are interrogatories as a discovery tool?