Exam (elaborations)
Techniques In Trial And Litigation
- Module
- MNG3701
- Institution
- Oxford University (OX)
MNG3701 Latest exam pack questions and answers and summarized notes for exam preparation.
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Litigation Final Exam - Study Guides &Answers.
The Model Rules of Professional Conduct, developed by the American Bar Association, and
adopted by most states, describe the ________________ rules that apply to lawyer's conduct and
obligations to the courts, their clients, other lawyers, and the public.
ethical
a - dismissal is a dismissal of a civil action by agreement of the parties
stipulated
A ____________________________ is a claim that is recognized by law and enforceable
through the courts. (Correct answer may be a phrase)
cause of action
a motion in - is a procedural motion made before trial usually to resolve an evidentiary issue or
to prevent the opposing party from presenting a particular piece of evidence at trial
limine
A(n) __________________ is a type of remedy whereby the court orders the defendant to stop
doing something.
injunction
malpractice
negligence committed by an attorney rendering professional services
__________________ are a type of remedy whereby the court orders the defendant to pay
money to the plaintiff.
damages
under the federal rules of evidence an - by a party-witness offered against that party is not
hearsay
admission
True or false: An attorney is first and foremost an Officer of the Court, under oath to serve the
courts honorably, to adhere to the court's rules, to support the laws of the land, and to support the
Constitution.
True
an expert opinion must have a foundation or preliminary evidence showing the expert is
competent to testify on the matter and there are sufficient facts on which an expert can - his
opinion in order to be admitted into evidence
base
_______________________ is negligence committed by an attorney rendering professional
services.
malpractice
ADR
acronym for the term that describes any procedure or method for resolving disputes between
persons that does not involve the courts; the primary methods are arbitration and mediation
It is unethical for an attorney to guarantee a particular ____________ in litigation.
outcome or result
formal written questions that one party poses to another party to obtain info and evidence
concerning their litigation are -
interrogatories
An unethical act committed by a ______________ is the ethical responsibility of the lawyer who
employs him/her.
paralegal
,a party must respond or object to a request for inspection within - days of service of the request
thirty
injunction
type of remedy whereby the court orders the defendant to stop doing something
Latin for "a matter adjudged", this is a procedural affirmative defense, applicable where the
plaintiff has already brought the same claim in a prior action so the prior result is binding and
prevents the claim from being relitigated.
res judicata
True/false: Solicitation is the offering of legal services directly to a specific person believed to be
in need of legal representation, also referred to as "ambulance chasing", and is an ethical
violation.
true
deposition testimony may be used to - a witness by introducing deposition testimony that is
inconsistent with the witness's trial testimony and thereby casting doubt on the witness's
credibility. also to - is to cast doubt on the credibility of a witness or exhibit by showing
inconsistencies in what the witness says or in the use of the exhibit
impeach
The ______________________ is when a person without a law license gives legal advice, and is
prohibited. (correct answer may be a phrase)
unauthorized practice of law
a motion for - as a matter of law pursuant to FRCP 50(a)(1) is made as soon as the opposing
party rests their case at trial and asks the court to find that there is no legally sufficient
evidentiary basis for a reasonable jury to find for that party on a particular claim or defense. it is
also called a motion for directed verdict
judgment
A person who is acting as her or her own representative in a legal proceeding is a
______________ litigant.
pro se
good moral character
an applicant for a law license is screened for
Professional Conduct
The Model Rules of _________________, developed by the ABA and adopted by most states,
describe the ethical rules that apply to lawyers' conduct and obligations to the courts, their
clients, other lawyers, and the public.
Parties whose interests in the outcome of the litigation ____________ are adverse or opposing
parties.
conflict
The acronym for the term that describes any procedure or method for resolving disputes between
persons that does not involve a court trial. The primary methods are mediation and arbitration.
ADR
if the respondent to a written request for inspection does not have the specified property but
knows where the property is the respondent must produce if it is in the respondent's -
control
_______________ is a defense that overcomes a claim without regard to whether the claim is
true, usually depends on some other action or inaction of the plaintiff. (correct answer may be a
phrase)
affirmative defense
witnesses who have special education training and experience in a particular subject or field and
whose opinions would help the jury to understand the evidence or facts relevant to the case are
called -
, experts
An affirmative defense, a commitment is not binding if obtained by way of a threat of death
bodily harm, or damage to property.
duress
a deposition may cover any matter that reasonably could - to the discovery of admissible
evidence
lead
True or false: Touching someone with a knife in a threatening manner is a battery.
true
FRCP 35 requires that an independent medical examiner's report must set out in detail the
examiner's findings, including - , conclusions, and the results of any tests
diagnoses
True or false: Proving fraud, either as a cause of action or as an affirmative defense, requires
proof that there is a misrepresentation of a future event.
false
result
It is unethical for an attorney to guarantee a particular ___________ in litigation.
A __________________________ limits the time during which a lawsuit may be brought against
a person. The time period begins to run at the time the cause of action accrues.
(correct answer may be a phrase)
statute of Limitations or statute of repose
deposition testimony may be admissible evidence at trial if the deponent is not available to
testify at -
trial
An affirmative defense, similar to a release, in which the parties have entered into a new
agreement to replace an old agreement and have fully performed the new agreement is
___________________.
accord and satisfaction
a request for inspection must identify the property to be inspected with - particularity
reasonable
_________________________________ is a basis for federal court jurisdiction over a civil
lawsuit arising under state law, only if the parties are from different states and the amount in
controversy exceeds $75,000. (correct answer may be a phrase)
diversity of citizenship
agent
When an attorney represents a client in litigation, the lawyer assumes the role of
_______________ as well as adviser.
________________________ is the party who appeals to a higher court to review the trial court's
judgment.
appellant
a - release is a release of only part of a claim
partial
________________________ is the party against whom an appeal is taken, who seeks to sustain
the trial court's judgment.
Appelle
a request for inspection must specify a proposed - - - for the inspection that is convenient for that
parties
time and place
________________________ jurisdiction is jurisdiction over the type of case and the subject of
the litigation.
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