Legal Support Evidence and Discovery 2 — Questions and Answers
Question 1: What is the 'work product doctrine' in the context of discovery?
- A rule requiring employees to document their work hours
- A protection for materials prepared by an attorney in anticipation of litigation from being disclosed to opposing counsel (Correct answer)
- A standard for evaluating the quality of legal documents
- A doctrine requiring all work-related injuries to be documented
Correct answer: A protection for materials prepared by an attorney in anticipation of litigation from being disclosed to opposing counsel
The work product doctrine protects an attorney's mental impressions, strategies, and notes prepared in anticipation of litigation from mandatory disclosure.
Question 2: Which discovery tool allows a party to inspect, copy, test, or sample documents and tangible items in the opposing party's possession?
- Interrogatories
- Deposition on written questions
- Request for Production of Documents (Correct answer)
- Request for Admission
Correct answer: Request for Production of Documents
A Request for Production allows a party to obtain documents, electronically stored information, and tangible items in the opposing party's control.
Question 3: What does 'ESI' stand for in modern discovery practice?
- Expert Scientific Investigation
- Electronically Stored Information (Correct answer)
- Evidence Submission Index
- Electronic Subpoena Issuance
Correct answer: Electronically Stored Information
ESI stands for Electronically Stored Information and includes emails, databases, word processing files, and other digital data subject to discovery.
Question 4: What is the purpose of maintaining a 'chain of custody' for physical evidence?
- To track the sequence of scheduled court hearings
- To document every person who handled the evidence and ensure it has not been altered or tampered with (Correct answer)
- To list the witnesses who will testify about the evidence at trial
- To record attorney billing entries related to evidence review
Correct answer: To document every person who handled the evidence and ensure it has not been altered or tampered with
Chain of custody documentation tracks every transfer and handling of evidence to establish its integrity and admissibility in court.
Question 5: What is a privilege log?
- A record of all attorney billable hours on a case
- A document identifying materials withheld from discovery due to a claim of privilege, with sufficient detail to assess the claim (Correct answer)
- A transcript of privileged conversations with a client
- A court filing requesting privileged access to sealed records
Correct answer: A document identifying materials withheld from discovery due to a claim of privilege, with sufficient detail to assess the claim
A privilege log lists documents withheld from discovery and provides enough information about each document for the opposing party and the court to evaluate the privilege claim.
Question 6: Which privilege protects confidential communications made between an attorney and their client for the purpose of obtaining legal advice?
- Work product privilege
- Spousal privilege
- Attorney-client privilege (Correct answer)
- Physician-patient privilege
Correct answer: Attorney-client privilege
Attorney-client privilege protects confidential communications between an attorney and client made for the purpose of seeking or providing legal advice.
Question 7: What is a 'meet and confer' obligation in federal discovery?
- A formal evidentiary hearing before a magistrate judge
- A required good-faith conference between opposing parties to attempt to resolve discovery disputes before bringing a motion to the court (Correct answer)
- An initial meeting between the client and the opposing party's attorney
- A settlement conference scheduled by the court
Correct answer: A required good-faith conference between opposing parties to attempt to resolve discovery disputes before bringing a motion to the court
Under FRCP Rule 37, parties must meet and confer in good faith to resolve discovery disputes before filing a motion to compel or for protective order.
Legal Support Evidence and Discovery 2
What is the 'work product doctrine' in the context of discovery?