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Oral depositions obtained through discovery can preserve oral testimony of witnesses

Question : Oral depositions obtained through discovery can preserve oral testimony of witnesses : 2162308

MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.

21) Oral depositions obtained through discovery can preserve oral testimony of witnesses:

A) And cannot be used at trial to challenge the truthfulness of the same witness

B) And eliminates the need of witnesses to testify at trial

C) Who later become unavailable to testify at trial due to death or incapacity

D) All of the above

22) Careful analysis of the strengths and weaknesses of your case, your opponent's case, and sharing all the evidence that will be presented at trial allows the litigants:

A) To pursue settlement

B) To prepare for trial

C) To impeach witnesses

D) To preserve testimony

23) Parties may obtain discovery of:

A) Any nonprivileged material that is relevant to litigation

B) Any nonprivileged material that is relevant to litigation and will be admissible or lead to evidence that will be admissible at trial

C) Any nonprivileged material that is relevant to litigation and will be admissible or lead to evidence that will be admissible at trial, after taking into account the importance of the issues at stake and the burden or expense of the discovery

D) Any nonprivileged material that is relevant to litigation and will be admissible at trial

24) Which is the best example of the common interest privilege?

A) The documents prepared by the client for internal investigations and audits

B) The drug-manufacturer client of Attorney Smith, sharing information about drug trials with Attorney Jones, who represents another drug manufacturer being sued over the same drug trials

C) The information technology specialist, employed by the law firm to assist in recovery of the client's deleted email

D) The documents prepared by the client in the ordinary course of business and given to the attorney

25) Which is the best example of the work product doctrine?

A) The drug-manufacturer client of Attorney Smith, sharing information about drug trials with Attorney Jones, who represents another drug manufacturer being sued over the same drug trials

B) The documents prepared by the client for internal investigations and audits

C) The information technology specialist, employed by the law firm to assist in recovery of the client's deleted email

D) The documents prepared by the client in the ordinary course of business and given to the attorney

26) Which is the best example of an exception to the work product doctrine?

A) The information technology specialist, employed by the law firm to assist in recovery of the client's deleted email.

B) The documents prepared by the client for internal investigations and audits

C) The documents prepared by the client in the ordinary course of business and given to the attorney

D) The drug-manufacturer client of Attorney Smith, sharing information about drug trials with Attorney Jones, who represents another drug manufacturer being sued over the same drug trials

27) Before discovery can begin in the federal court system:

A) The attorneys must meet to discuss the discovery needed and confer with the judge who enters a scheduling order

B) Nothing is required, discovery may begin anytime after the complaint is filed

C) The attorneys must meet to discuss the discovery needed, confer with the judge who enters a scheduling order, and complete mandatory disclosure

D) All of the above

28) Which items, generally not admissible at trial, are required to be shared under mandatory disclosure rules?

A) Calculation of damages

B) Identity of any expert witnesses

C) Copies of insurance policies

D) All of the above

29) When identifying an expert witness, the legal team must also provide:

A) A list of other cases in which the expert has testified

B) The expert's qualifications

C) The fee the expert will be paid

D) All of the above

30) Developing a reliable and effective method to comply with discovery requests:

A) Is necessary as judges disfavor involvement in the discovery process

B) Is not necessary as judges are not concerned with deadlines in discovery

C) Is not necessary because clients are usually cooperative in providing information

D) None of the above

TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.

31) Understanding electronic filing issues is not an important factor for paralegals.

32) ESI (Electronically Stored Information) refers to documents created, disseminated, and stored via electronic means.

33) The Federal Rules of Civil Procedure make no reference to electronic discovery.

34) Federal rules and case law provide sanctions for failing to properly deliver documents under a discovery request.

35) In an effort to reduce cost and obtain the relevant documents, lawyers now use predictive coding in e-discovery.

36) With discovery done electronically now and with more frequency, attorneys are no longer responsible for client confidences.

37) A "claw-back" provision is a provision in a report and agreement detailing how confidential materials, inadvertently disclosed through e-discovery will be handled.

38) A lawyer who receives a document from opposing parties or their lawyers and knows or reasonably should know that the document was inadvertently sent should promptly notify the sender in order to permit the sender to take protective measures.

39) Metadata is the destruction, significant alteration, or failure to preserve evidence for another's use as evidence in pending or reasonably foreseeable litigation.

40) The advantage of converting e-discovery files to a common format is that the new files can be searched across different computer platforms.

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