GOVT 407 Exam 3

GOVT 407 Exam 3 Liberty University

  1. Phillips was injured using a riding lawnmower manufactured by Southern Tractor Company. Phillips sues Southern alleging that it negligently designed the lawnmower. During discovery, he sends a Rule 34 request for production of documents that includes a request for all written documents showing the design of the mower. Southern objects to this request on the ground that it is irrelevant. Is this objection valid?
  2. When Phillips files suit, Southern raises the defense in its answer that Phillips’ failure to properly maintain the lawnmower led to his injuries. Southern sends interrogatories to Phillips inquiring about how often he serviced the lawnmower before he sustained his injuries. Do these interrogatories seek relevant information?
  3. Phillips sends interrogatories to Southern inquiring whether other customers have been injured while using the same Southern riding lawnmower. Do these interrogatories seek relevant information?
  4. Phillips sends interrogatories to Southern requesting emails from company employees about the design of the lawnmower. Southern objects on the ground that such emails would be inadmissible “hearsay” at trial. Is the objection proper?
  5. Phillips seeks compensatory damages for the injuries he sustained from the riding lawnmower. Southern sends a Rule 34 request for production of documents to Phillips seeking copies of all medical bills related to the accident. Must Phillips produce them?
  6. Peach Computer Company files a lawsuit against MBI, Inc. alleging that MBI violated Peach’s patent on a particular software program. Peach sends a Rule 34 Request for Production of documents requesting every email that has ever been sent or received by an MBI employee. MBI objects to the request on the ground that it is unduly burdensome. Is the objection valid?
  7. Simpson files a lawsuit against Stuff Mart claiming that the company has engaged in a pattern of sex discrimination by refusing to promote her and other women in the company due to their sex. Simpson sends interrogatories to Stuff Mart asking how many women in the company have been promoted within the past five years. Do these interrogatories seek relevant information?
  8. Titus sues Hamilton for injuries sustained in a boating accident. Titus alleges that Hamilton was drunk at the time of accident. Hamilton hires a lawyer and tells him that he had consumed ten beers and was in fact drunk at the time of the accident. Titus sends interrogatories to Hamilton asking how many drinks he had consumed before the accident. Titus’s attorney objects to the interrogatory based on the attorney-client privilege. Is the objection valid?
  9. During Hamilton’s deposition, Titus asks him, “Did you tell your lawyer you had ten beers before the accident?” Titus’s lawyer objects to the question based on the attorney-client privilege. Does the privilege apply to this question?
  10. Woodson sues GreenChem company for property damage sustained from a large explosion at a local GreenChem facility. GreenChem’s attorney investigates the site of the explosion and writes down his personal impressions on a notepad. Woodson sends a request for production of documents to GreenChem seeking a copy of the attorney’s notes. GreenChem objects based on the work product doctrine in Rule 26(b)(3). Is the objection valid?
  11. Assume that GreenChem’s attorney interviewed a GreenChem employee who was mixing the chemicals that allegedly caused the explosion. GreenChem’s attorney writes down on a notepad his questions and the employee’s answers to these questions. The employee dies a few days later from injuries he sustained in the explosion. Woodson sends a request for production of documents to GreenChem seeking “any notes of discussions with GreenChem employees concerning the events in the lawsuit.” GreenChem objects based on the work product doctrine in Rule 26(b)(3). Should Woodson be able to get a copy of the notes?
  12. Johnson, a former professional basketball player, sues Dr. Ramsey for damages alleging that the doctor’s negligence in operating on his foot ended his basketball career. Johnson sends interrogatories to Dr. Ramsey’s neighbor asking if he has a drinking problem. May the neighbor refuse to respond to the interrogatories?
  13. Johnson and Ramsey send each other automatic disclosures as required by Rule 26(a)(1). However, Johnson decides not to disclose the identity of a key witness so that he can surprise Ramsey right before trial. Can Johnson withhold this information under Rule 26(a)(1)?
  14. Johnson sends interrogatories to Ramsey seeking the identity of everyone who was present during his foot surgery. Ramsey provides the names of two nurses. Months later, he recalls that a third nurse was present during the surgery. What should Ramsey do now?
  15. Johnson sends interrogatories to Ramsey seeking information regarding the foot surgery. Sixty days later, Ramsey answers the interrogatories. Has Ramsey properly followed Rule 33?
  16. Ramsey sends interrogatories to Johnson asking him to state the substance of any discussions he has had with his attorney regarding the possible causes of his foot injury. Johnson objects based on the attorney-client privilege. Is Johnson’s objection valid?
  17. Which of the following would be considered “documents” that could be requested under a request for production of documents?
  18. You represent Granny Smith who is suing Speedy Sam for injuries sustained in a car accident at an intersection. Granny alleges that Speedy was at fault because he ran a red light. There were several witnesses to the accident. Which is the best way to find out whether Speedy ran the light?
  19. One of the witnesses states in the deposition that the light was clearly red for Speedy when he entered the intersection. At trial, the same witness states that the light was actually green for Speedy when he entered the intersection and that he was lying during the deposition. Which of the following best characterizes the witness’s lie?
  20. Granny’s attorney wants to conduct a deposition on Speedy to get his testimony on the accident. Speedy’s attorney asks Granny’s attorney to give him the questions ahead of the deposition so Speedy can be prepared. Is this a legitimate request?
  21. True or False. A notice of deposition must be served on all parties to the action?
  22. A notice of deposition must state the time and place of taking the deposition, the [a] and [b] of each person to be examined and the method by which the examination will be recorded.
  23. Jennifer wishes to sue Thompson, an Arlington County Police Officer, for injuries she sustained when Thompson arrested her for disorderly conduct. Jennifer also sues the police department alleging that it failed to properly train its officers how to conduct arrests. Jennifer does not know who at the police department conducts training for the officers. What is the most effective way for Jennifer to get the identity of this person from the police department?
  24. Jennifer wishes to conduct a deposition on Hamilton, who is not a party in her lawsuit against Thompson and the Arlington County Police Department. What must she send to Hamilton in order to compel him to attend the deposition?
  25. In hopes of finding as much evidence as possible in the lawsuit against the Arlington County Police Department, Jennifer’s lawyer sends the following request for production of documents: “Provide all documents that are in the possession of the police department, its agents, and its employees.” Is this a valid discovery request under Rule 26(b)(1)?
  26. Jefferson sues Dr. Washington for medical malpractice. Dr. Washington receives an interrogatory from Jefferson that asks: “State whether you ingested any drugs or alcohol on the day you performed surgery on Jefferson.” Although Dr. Washington had ingested a narcotic on the day of the surgery, he answers “no” to the interrogatory. Has Dr. Washington violated Rule 33?
  27. Jefferson sends interrogatories to Dr. Washington. After forty-five days, Dr. Washington has not responded to the interrogatories. What can Jefferson’s attorney do to get Dr. Washington to answer the interrogatories?
  28. Jefferson sends a request for production of documents to Dr. Washington asking him to produce all of his personal journals for inspection. Dr. Washington believes his journals are not relevant to the lawsuit. What can Dr. Washington’s attorney do to prevent the journals from being produced?
  29. Dr. Washington sends interrogatories to Jefferson asking him to state his annual income for the past twenty years. Jefferson believes this information is not relevant to the lawsuit. What can Jefferson’s attorney do?
  30. Jefferson’s attorney schedules an oral deposition of Dr. Washington. During the deposition, Jefferson’s attorney asks Dr. Washington if he has ever been unfaithful to his wife. Should Washington’s attorney allow his client to answer the question?
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