CLA/CP Exam Evidence and Discovery 3

Question 1

Under FRE 702, an expert witness may offer opinion testimony when which primary condition is satisfied?

Accepted Answer

The expert's specialized knowledge will help the fact-finder understand the evidence or determine a fact

Answer

FRE 702 allows expert testimony when the expert's scientific, technical, or other specialized knowledge will assist the trier of fact in understanding evidence or determining a fact in issue.

Question 2

Under the Daubert standard, the trial judge serves in what function regarding the admissibility of expert testimony?

Accepted Answer

Gatekeeper who screens the reliability of expert evidence

Answer

Under Daubert v. Merrell Dow Pharmaceuticals, the trial judge acts as a gatekeeper, assessing whether expert testimony rests on a reliable methodology before it reaches the jury.

Question 3

Spoliation of evidence is best defined as which of the following?

Accepted Answer

Destruction, alteration, or failure to preserve evidence relevant to anticipated litigation

Answer

Spoliation is the destruction, alteration, concealment, or failure to preserve evidence known to be relevant to reasonably anticipated or pending litigation, which can result in sanctions.

Question 4

A protective order in discovery under FRCP 26(c) is typically sought to accomplish which purpose?

Accepted Answer

Limit or prevent disclosure of sensitive or confidential information

Answer

A protective order under FRCP 26(c) is issued by the court to protect a party from annoyance, embarrassment, oppression, or undue burden, often by limiting disclosure of confidential information.

Question 5

Electronically Stored Information (ESI) in federal civil discovery is primarily governed by which rules?

Accepted Answer

FRCP 26 and FRCP 34

Answer

ESI discovery is primarily governed by FRCP 26 (general discovery scope including ESI) and FRCP 34 (requests for production of ESI), both amended to address electronic discovery obligations.

CLA/CP Exam Practice Test

CLA/CP Exam Practice Test

CLA/CP Exam Evidence and Discovery 3