Civil Litigation & Trial Preparation Flashcards

The 'best evidence rule' (FRE 1002) requires that to prove the content of a writing, recording, or photograph, a party must produce:

Answer: The original document or an admissible duplicate

FRE 1002 requires production of the original writing, recording, or photograph to prove its contents, though FRE 1003 allows admissible duplicates in most circumstances.

A paralegal calendaring a response deadline to an FRCP Rule 12(b)(6) motion to dismiss should note that the responding party typically has:

Answer: 14 days to respond

Under FRCP Rule 12(a)(4), if the court does not set a different time, a party must serve any allowed response to a Rule 12(b) motion within 14 days after service of the motion.

The concept of 'spoliation of evidence' refers to:

Answer: The intentional destruction or alteration of evidence relevant to pending or anticipated litigation

Spoliation occurs when a party destroys, alters, or fails to preserve evidence it had a duty to maintain, potentially resulting in sanctions including an adverse inference instruction.

Under the work product doctrine (FRCP Rule 26(b)(3)), 'opinion work product' reflecting an attorney's mental impressions, conclusions, and legal theories receives:

Answer: Absolute or near-absolute protection that is rarely overcome

Opinion work product—an attorney's mental impressions and legal strategy—receives the highest level of protection and is nearly absolutely protected from discovery.

A stipulation entered into by opposing counsel during trial serves to:

Answer: Establish agreed facts or procedural matters, removing them from dispute

A stipulation is a binding agreement between the parties that certain facts are true or that certain procedures will be followed, eliminating the need to prove those facts at trial.

Which post-trial motion asks the court to set aside the jury verdict and enter judgment for the losing party as a matter of law?

Answer: Renewed motion for judgment as a matter of law (JNOV)

A renewed motion for judgment as a matter of law (formerly JNOV) under FRCP Rule 50(b) asks the court to override the jury verdict because no reasonable jury could have reached it.

When the plaintiff voluntarily dismisses a case for the second time involving the same claim against the same defendant, this typically operates as:

Answer: A dismissal with prejudice under the 'two dismissal rule'

Under FRCP Rule 41(a)(1)(B), the 'two dismissal rule' provides that a second voluntary dismissal of the same claim against the same defendant operates as an adjudication on the merits—dismissal with prejudice.