accident attorney Litigation Procedure and Trial 2

Question 1

What is 'interrogatories' as a discovery tool in personal injury litigation?

Accepted Answer

Written questions one party sends to another that must be answered under oath within a set time period

Answer

Questions posed to witnesses during trial

Answer

Oral questions asked at a deposition

Answer

Background investigation reports on opposing parties

Question 2

What is 'spoliation of evidence' and what are the consequences?

Accepted Answer

The destruction or failure to preserve evidence relevant to litigation, which can result in adverse inference jury instructions or dismissal

Answer

The use of forged evidence at trial

Answer

An expert's opinion on destroyed property value

Answer

The suppression of evidence by the prosecution

Question 3

What is a 'motion in limine' in personal injury trial practice?

Accepted Answer

A pre-trial motion to exclude specific evidence or testimony from being presented to the jury

Answer

A motion to select an alternative judge

Answer

A request for a continuance of the trial date

Answer

A motion to consolidate related lawsuits

Question 4

What does it mean for a jury to deliver a 'general verdict' in a personal injury case?

Accepted Answer

The jury returns a single verdict finding for the plaintiff or defendant, with a damages amount, without specifying findings on individual issues

Answer

The jury finds for the plaintiff on all claims simultaneously

Answer

The judge directs a verdict without jury deliberation

Answer

The verdict applies to all co-defendants equally

Question 5

What is 'remittitur' in post-trial personal injury practice?

Accepted Answer

A judge's reduction of an excessive jury damages award as a condition of denying a new trial

Answer

The plaintiff's voluntary reduction of their claim after trial

Answer

A court order returning evidence to the parties

Answer

The defendant's post-trial motion to dismiss the case

Question 6

What is 'additur' in post-trial personal injury practice?

Accepted Answer

A judge's increase of an inadequate jury damages award as a condition of denying a new trial (permitted only in some states)

Answer

The plaintiff's post-trial request for attorney fees

Answer

Additional damages added by an appellate court

Answer

A supplemental verdict on punitive damages