Civil Procedure & Litigation Flashcards

Which is the best definition of hearsay?

Answer: An out-of-court statement offered to prove the truth of the matter asserted

Hearsay is an out-of-court statement offered for its truth and is inadmissible unless an exception applies.

Which best describes mediation?

Answer: A neutral third party helps parties reach a voluntary, non-binding settlement

Mediators facilitate negotiation but cannot impose a decision.

What distinguishes binding arbitration from mediation?

Answer: An arbitrator issues a decision the parties must accept

Binding arbitration results in an enforceable decision made by the arbitrator.

A deposition is best described as:

Answer: Sworn out-of-court testimony taken during discovery

Depositions record a witness's sworn testimony before trial.

The work product doctrine protects:

Answer: Materials prepared in anticipation of litigation

Work product protection shields materials prepared by or for a party in anticipation of litigation.

Interrogatories are:

Answer: Written questions that a party must answer under oath

Interrogatories are written discovery questions answered in writing under oath.

An employee of a federal contractor reports suspected security mismanagement to a government official. What does federal whistleblower law generally require of the employer?

Answer: No reprisal against the employee for the protected disclosure

Statutes such as 41 U.S.C. 4712 prohibit reprisal against contractor employees for protected disclosures.