Evidence and Discovery Flashcards
7 cards from real Legal Support practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Evidence and Discovery flashcards as text
What is the 'work product doctrine' in the context of discovery?
Answer: A protection for materials prepared by an attorney in anticipation of litigation from being disclosed to opposing counsel
The work product doctrine protects an attorney's mental impressions, strategies, and notes prepared in anticipation of litigation from mandatory disclosure.
Which discovery tool allows a party to inspect, copy, test, or sample documents and tangible items in the opposing party's possession?
Answer: Request for Production of Documents
A Request for Production allows a party to obtain documents, electronically stored information, and tangible items in the opposing party's control.
What does 'ESI' stand for in modern discovery practice?
Answer: Electronically Stored Information
ESI stands for Electronically Stored Information and includes emails, databases, word processing files, and other digital data subject to discovery.
What is the purpose of maintaining a 'chain of custody' for physical evidence?
Answer: To document every person who handled the evidence and ensure it has not been altered or tampered with
Chain of custody documentation tracks every transfer and handling of evidence to establish its integrity and admissibility in court.
What is a privilege log?
Answer: A document identifying materials withheld from discovery due to a claim of privilege, with sufficient detail to assess the claim
A privilege log lists documents withheld from discovery and provides enough information about each document for the opposing party and the court to evaluate the privilege claim.
Which privilege protects confidential communications made between an attorney and their client for the purpose of obtaining legal advice?
Answer: Attorney-client privilege
Attorney-client privilege protects confidential communications between an attorney and client made for the purpose of seeking or providing legal advice.
What is a 'meet and confer' obligation in federal discovery?
Answer: A required good-faith conference between opposing parties to attempt to resolve discovery disputes before bringing a motion to the court
Under FRCP Rule 37, parties must meet and confer in good faith to resolve discovery disputes before filing a motion to compel or for protective order.