21-22 - Civil Procedure: Discovery and Summary Judgment

True or False. We like surprises at trial - that's what makes them fun.

• True

• False

Answer explanation

We use discovery to give both parties a chance to learn the facts before trial.

Which of these are things that the rules are intended to "secure" about the "determination" of cases:

• Just

• Speedy

• Inexpensive

• All of these

Which of these are limits or requirements for the scope of discovery:

• Relevant

• Proportional

• Not Privileged

• All of these

True or False. The PURPOSE of the attorney-client privilige is to keep relevant and important evidence away from opposing counsel.

• True

• False

Answer explanation

The purpose of the attorney-client privilege is to encourage clients to openly communicate with their attorneys.

True or False. The RESULT of the attorney-client privilige is often to keep relevant and important evidence away from opposing counsel.

• True

• False

True or False. If the client doesn’t expect the communication to be kept confidential, then it can’t be privileged.

• True

• False

True or False. Privilege logs are expensive to create, but they are very helpful for opposing counsel.

• True

• False

True or False. Information is relevant if it has any tendency to make any element of a claim more or less probable.

• True

• False

The duty to preserve begins:

• When a party reasonably anticipates litigation

• When the plaintiff writes the Complaint

• When the plaintiff serves the Summons

• When the defendant writes the Answer

True or False. The law requires parties to do everything that they possibly can to preserve all relevant ESI once the duty is triggered.

• True

• False