Legal Support Evidence and Discovery 3

Question 1

What is a 'subpoena duces tecum'?

Accepted Answer

A command requiring a person or entity to produce specified documents, records, or other tangible evidence

Answer

A court order requiring a person to appear and testify at a hearing

Answer

A motion to dismiss a case for lack of evidence

Answer

A request to admit documentary evidence at trial

Question 2

Under the Federal Rules of Civil Procedure, how many days does a party generally have to respond to interrogatories?

Accepted Answer

30 days

Answer

10 days

Answer

20 days

Answer

45 days

Question 3

What is the 'best evidence rule' in evidence law?

Accepted Answer

The principle that to prove the content of a document, the original document must be produced unless an exception applies

Answer

The requirement to call the most knowledgeable witness available

Answer

The rule that more recent evidence takes precedence over older evidence

Answer

The requirement that expert witnesses use the most current scientific methods

Question 4

Under the Federal Rules of Evidence, 'hearsay' is defined as:

Accepted Answer

A statement other than one made by the declarant while testifying, offered to prove the truth of the matter asserted

Answer

Testimony about events the witness did not personally observe

Answer

Any rumor or gossip introduced as evidence at trial

Answer

Testimony that contradicts a witness's prior sworn statement

Question 5

What is a 'motion in limine'?

Accepted Answer

A pretrial motion asking the court to rule on the admissibility of specific evidence before it is offered at trial

Answer

A motion to dismiss all claims before the case reaches the discovery phase

Answer

A motion requesting the judge to continue the trial to a later date

Answer

A motion for judgment as a matter of law filed at the close of evidence

Question 6

What is 'spoliation' of evidence?

Accepted Answer

The intentional or negligent destruction, alteration, concealment, or failure to preserve evidence relevant to pending or reasonably anticipated litigation

Answer

The process of organizing and labeling exhibits before trial

Answer

The contamination of biological evidence at a crime scene

Answer

The unauthorized review of opposing counsel's privileged documents

Question 7

What is a 'litigation hold' (also called a 'legal hold')?

Accepted Answer

A directive issued to preserve all documents, data, and other evidence potentially relevant to anticipated or pending litigation

Answer

A court order temporarily staying all proceedings in a case

Answer

A court-imposed freeze on a defendant's financial assets

Answer

A notice to suspend discovery pending settlement negotiations