Discovery Tools And Procedures

Plaintiff Groucho sued Defendant Harpo for trespassing onto his property. The complaint was properly filed and served on July *, *. On July *, *, Groucho properly served upon Harpo a notice of deposition to occur on August *, * at the office of Groucho's attorney. Harpo did not attend this deposition. Upon Groucho’s motion, Harpo will likely be liable for payment of discovery sanctions because of his refusal to attend the August *, * deposition. True False

The process by which factual information is obtained through interviews and investigations, prior to commencing formal legal action is often referred to as “________.” A. an interrogatory B. an oral deposition C. informal discovery D. formal discovery

Relevant evidence is evidence that has any tendency to make a fact of consequence more or less probable. True False

Bert’s eye was injured when his baseball glove broke while he was fielding a vicious grounder. Bert sued Ernie's Leather Co. for negligent manufacture of the glove. The case was tried in Washington Superior Court, and final judgment was entered in favor of Ernie's. Later, Bert has decided to sue Ernie's again, only this time he is arguing that the judge in the first lawsuit erroneously excluded important testimonial evidence from Bert’s expert regarding baseball glove manufacturing standards. Bert asserts that he is entitled to a trial in which all of the admissible evidence is properly introduced to the jury. Ernie's disagrees and has pleaded res judicata in his answer. Will this affirmative defense prevent Bert's second action against Ernie's? C. Yes. Res judicata will bar Bert’s second action. final judgment need not be “right” to preclude further litigation; it need only be final and on the merits.

Defendant Milli would like to dispose of Plaintiff Vanilli’s case before commencing the trial. Which of the following methods might accomplish this goal? Select the best answer. A. By filing a motion for judgment on the pleadings. B. By filing a motion for summary judgment. C. By filing a motion for judgment as a matter of law. D. A & B are both correct.

Our client, Itchy, just lost his personal injury lawsuit to the defendant, Scratchy. The day after the entry of judgment, Itchy discovered that Scratchy and Judge Stimpy were old fraternity brothers, and that they played golf together every weekend, including during the trial. Under these circumstances, Itchy should file a: Motion for a new trial Motion for relief from judgment Motion in limine Motion for judgment as a matter of law

A motion for new trial must be served and filed within ___ days after the entry of judgment? A. five B. * C. * D. *

According to Article IV of the United States Constitution, all states and territories must respect the final judgments rendered on the merits from other states and territories. True False

During trial Plaintiff Beavis’s attorney called Witness Wanda to the stand. On direct examination Witness Wanda testified to two things: (*) that she saw Defendant Butthead intentionally damage Beavis’s car with his key in August *, and (*) that he saw Defendant Butthead vandalize an entirely different vehicle in July *. Upon cross-examination, Defendant Butthead’s Attorney limited his questions of Witness Wanda to the incident involving only Beavis’s car. Upon redirect, Plaintiff Beavis’s attorney may ask Wanda: A. “Isn't it true that Defendant Butthead drives a very rare bright orange sports car?” B. “What color was the car that you believe Butthead vandalized in July *?” C. Both A & B are acceptable. D. Neither A nor B is acceptable.

So which one

During trial Plaintiff Beavis’s attorney called Witness Wanda to the stand. On direct examination Witness Wanda testified to two things: (*) that she saw Defendant Butthead intentionally damage Beavis’s car with his key in August *, and (*) that he saw Defendant Butthead vandalize an entirely different vehicle in July *. Upon cross-examination, Defendant Butthead’s Attorney limited his questions of Witness Wanda to the incident involving only Beavis’s car. Upon redirect, Plaintiff Beavis’s attorney may ask Wanda: A. “Isn't it true that Defendant Butthead drives a very rare bright orange sports car?” B. “What color was the car that you believe Butthead vandalized in July *?” C. Both A & B are acceptable. D. Neither A nor B is acceptable.

A motion to amend the pleadings is considered a nondispositive motion. True False

So is it tru or false

Petunia Plaintiff wins her breach of contract action in a Superior Court in Washington State against Dimwit Defendant; however, the jury only awards Petunia $*. The judge amends the judgment to award Petunia $*,*. This is an example of: A. Additur B. Remittitur C. Collateral Estoppel D. Judicial Misconduct

The right to a civil jury trial is absolute and can never be waived. True False

If a party seeks a ________, then he or she seeks a remedy or ruling that does not involve any award of damages, but rather a proclamation of certain rights, duties, and obligations. A. resolution B. final judgment C. declaratory judgment D. summary judgment

The procedure used to assign trial dates for civil cases varies among the superior courts and local court rules must be consulted. True False

An order granting a motion for _________ is made by the judge to direct a verdict in favor of one side on the basis of statements and evidence that were presented for the record but without any trial. A. a new trial B. summary judgment C. judgment as a matter of law D. relief from judgment

Under the doctrine of collateral estoppel, an issue that has already been fully litigated by the parties in a previous action for which there has been a final judgment on the merits cannot be re-litigated in any future action involving the same parties. True False

Perfect Plaintiff sued Dumb Defendant. By agreement of the parties and judge, * jurors were seated. At the conclusion of jury deliberations nine of the * jurors sided with Perfect, while the other three jurors sided with Dumb. Based on the information above, the prevailing party at this trial was: A. Perfect Plaintiff B. Dumb Defendant C. Nobody D. Everybody

Both remittitur and additur are allowed under the Washington State Superior Court and Federal Rules of Civil Procedure. True False

To preserve a disputed issue for appeal, generally the party must object to an asserted error in the trial court at the earliest possible time, otherwise the issue is waived. True False

Patient Plaintiff lost her lawsuit against Dastardly Defendant. Three weeks after the entry of judgment, new evidence implicating the Dastardly surfaced. Had this new evidence been presented to the jury it would have almost certainly changed the outcome of the case in Patient’s favor. Patient’s best course of action is to now file a: A. motion for judgment as a matter of law. B. motion for a new trial. C. motion for relief from judgment. D. renewed motion for judgment as a matter of law.

When fraud by opposing party has discovered after the entry of judgment, there is no one year time limitation for bringing a motion for relief from judgment. True False

In most cases, the standard of proof in a civil trial is: A. by clear and convincing evidence. B. by a preponderance of the evidence. C. beyond a reasonable doubt. D. None of the above.

As a general rule, the plaintiff can dismiss his or her case one time voluntarily without prejudice. True False

Any party may demand a jury trial of an issue triable by a jury by filing and serving written demand “not later than ____ after service of the last pleading directed to such an issue” A. * court days B. * calendar days C. * court days D. * calendar days

If a pleading contains statements that are so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, or if more particularity is needed, the adversely affected party should most likely file a ___ motion. A. CR *(c) B. CR *(e) C. CR *(f) D. CR *

The doctrine of collateral estoppel may be used offensively by the plaintiff or as an affirmative defense by the defendant. True False

In Washington State, a party may not videotape a deposition within the first ____ days of commencement of the lawsuit (the later of the date of filing or service of lawsuit), except by leave of court. A. * B. * C. * D. *

As a general rule, it is necessary to serve a subpoena on both party deponents and non-party deponents when noticing a deposition. True False

When deposing a nonresident non-party, the party requesting the deposition must conduct the deposition within ___ miles of where the subpoena was served, and typically in the state where the non-party resides. A. * B. * C. * D. None of the above