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

Interrogatories are a cost-effective discovery tool used to gather basic case facts — prior accidents, medical history, employment history, and insurance information — before depositions.

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

When a party destroys or fails to preserve relevant evidence (vehicle data, surveillance footage, phone records), courts may instruct juries to presume the destroyed evidence was unfavorable to the spoliating party.

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

Motions in limine are filed before trial to prevent the jury from hearing prejudicial or inadmissible evidence (prior criminal convictions, insurance information, inflammatory photos) that could taint deliberations.

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

A general verdict (as opposed to a special verdict with specific findings) gives the jury maximum discretion to reach a bottom-line result without explaining their reasoning on each element.

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

When a jury verdict is shockingly excessive, the judge may order remittitur — requiring the plaintiff to accept a lower figure or face a new trial on damages.

accident attorney Practice Test

accident attorney Practice Test

accident attorney Litigation Procedure and Trial 2