CLA/CP Exam Evidence and Discovery 1

Question 1

Under the Federal Rules of Evidence, hearsay is defined as an out-of-court statement offered to prove what?

Accepted Answer

The truth of the matter asserted

Answer

FRE 801 defines hearsay as an out-of-court statement offered to prove the truth of the matter asserted.

Question 2

Which discovery method consists of written questions that must be answered under oath by the opposing party?

Accepted Answer

Interrogatories

Answer

Interrogatories under FRCP 33 are written questions submitted to the opposing party that must be answered in writing under oath.

Question 3

The work product doctrine primarily protects which of the following from discovery?

Accepted Answer

Materials prepared by an attorney in anticipation of litigation

Answer

The work product doctrine, codified in FRCP 26(b)(3), protects materials an attorney prepares in anticipation of litigation from discovery by the opposing party.

Question 4

Under the Federal Rules of Civil Procedure, a party generally has how many days to respond to interrogatories after being served?

Accepted Answer

30 days

Answer

FRCP 33(b)(2) requires a party to serve answers to interrogatories within 30 days after being served with them.

Question 5

A subpoena duces tecum commands a person to do which of the following?

Accepted Answer

Produce documents, records, or other tangible items

Answer

A subpoena duces tecum is a court order requiring a person to produce specified documents, records, or tangible items for inspection or use as evidence.

CLA/CP Exam Practice Test

CLA/CP Exam Practice Test

CLA/CP Exam Evidence and Discovery 1