Attorney Civil Litigation Attorney 2 — Questions and Answers
Question 1: Written questions served on the opposing party that must be answered under oath are known as:
- Depositions
- Subpoenas
- Interrogatories (Correct answer)
- Requests for admission
Correct answer: Interrogatories
Interrogatories are written questions governed by FRCP 33 that must be answered in writing and under oath by the opposing party within a specified time period.
Question 2: What is a deposition in civil litigation?
- Oral testimony taken under oath outside of court as part of discovery (Correct answer)
- A written affidavit filed with the court
- A formal court hearing on preliminary motions
- The filing of a post-trial appeal
Correct answer: Oral testimony taken under oath outside of court as part of discovery
A deposition is sworn out-of-court testimony where attorneys question a witness, creating a record that can be used for discovery, preserving testimony, or impeachment at trial.
Question 3: Under FRCP 56, summary judgment is appropriate when:
- The plaintiff requests it after completing depositions
- The jury is deadlocked during deliberations
- The judge finds the legal issues are too complex for a jury
- No genuine dispute of material fact exists and the moving party is entitled to judgment as a matter of law (Correct answer)
Correct answer: No genuine dispute of material fact exists and the moving party is entitled to judgment as a matter of law
Summary judgment is granted when there is no genuine dispute as to any material fact, making a trial unnecessary because the moving party is entitled to judgment as a matter of law.
Question 4: The work product doctrine primarily protects:
- All documents created by any employee of a law firm
- An attorney's mental impressions, strategies, and materials prepared in anticipation of litigation (Correct answer)
- Confidential client communications in all circumstances
- Expert witness reports before they are disclosed
Correct answer: An attorney's mental impressions, strategies, and materials prepared in anticipation of litigation
The work product doctrine, rooted in Hickman v. Taylor and codified in FRCP 26(b)(3), protects an attorney's trial preparation materials, especially their mental impressions and legal theories.
Question 5: A subpoena duces tecum compels:
- A person or entity to produce specific documents or tangible evidence (Correct answer)
- A witness to testify at trial under penalty of contempt
- A party to submit to an independent medical examination
- An expert witness to disclose their fee arrangements
Correct answer: A person or entity to produce specific documents or tangible evidence
A subpoena duces tecum is a court-issued command ordering a person or organization to produce specified documents, records, electronically stored information, or other tangible items.
Question 6: E-discovery (electronic discovery) refers to:
- Electronic filing of court documents through the court's portal
- Conducting depositions via video conferencing software
- The identification, collection, and exchange of electronically stored information during the discovery phase (Correct answer)
- Online legal research tools used to prepare for trial
Correct answer: The identification, collection, and exchange of electronically stored information during the discovery phase
E-discovery involves the identification, preservation, collection, review, and production of electronically stored information (ESI) such as emails, text messages, and databases during litigation.
Question 7: The attorney-client privilege protects:
- An attorney's immunity from malpractice liability
- Confidential communications between an attorney and their client made for the purpose of seeking legal advice (Correct answer)
- All documents stored in a law firm's files
- Communications between co-counsel at different firms
Correct answer: Confidential communications between an attorney and their client made for the purpose of seeking legal advice
The attorney-client privilege protects confidential communications between a client and their attorney made for the purpose of obtaining legal advice, preventing compelled disclosure in litigation.
Attorney Civil Litigation Attorney 2
Written questions served on the opposing party that must be answered under oath are known as: