Renew, Erika-Tort Law Chapter 2 Review Questions

Erika Renew September 3, 2023 Tort Law: PARA 1140 Adam Grubbs Tort Law: Chapter 2 Review Questions 1. What will an attorney generally do before initiating a complaint? Make sure whether or not the legal elements of negligence was met; if attorney concludes there is a viable claim, a demand letter is sent. 2. What are the four elements of a complaint? Jurisdiction, Parties, Claim, and Damages 3. What possible options does a defendant have in responding to a plaintiff's complaint? Nothing, file and answer, raise any affirmative defenses it may have, raise any counterclaims or cross-claims, and/or file motions. 4. What are the five basic discovery tools, and how are they used? Interrogatories, deposition, request for admission, requests for production of documents, and request for medical and psychological examinations. 5. What is a disclosure statement, and how does it relate to the concept of mandatory disclosure? A document each party is required to prepare and serve on opposing parties shortly after a lawsuit commences; must contain certain categories of information about that party's case. Disclosure statements are the foundation of mandatory disclosure 6. Identify each of the following: a. Motion to compel- forces the opposing party to comply with a request for discovery b. Motion for a protective order- protects a party from having to disclose privileged information c. Motion for summary judgement- requests that the court enter a judgement on the party's behalf because there is no material fact at issue d. Motion in limine- prevents evidence from being presented to the jury
Erika Renew September 3, 2023 Tort Law: PARA 1140 Adam Grubbs 7. What is the difference between a jury trial and a bench trial? A bench trial is a trial before a judge in which a judge decides both factual and legal issues. A jury trial is a trial before both the judge and a jury in which the jury decides on the factual issues and the judge resolves only the legal issues. 8. Describe the voir dire process, and distinguish between challenges for cause and peremptory challenges. Jury is selected through the voir dire process; At this time, a series of questions are asked of potential jurors by the trial judge and/or the attorney. The attorney/judge then decide which jurors to keep or get rid of. Challenge for Cause can be used when it is believed that a juror has already formed a judgement as to how the case should be decided. Peremptory Challenge can be used when they want to remove a juror but cannot allege bias; this is limited. 9. What is the purpose of each of the following: a. Opening statements- statements that are made by counsel to the jury at the beginning of trial b. Closing arguments- final statement made by an attorney that summarizes the evidence c. Direct examination- examination by the attorney that called the witness d. Cross-examination- examination by the opposing attorney e. Moving for a directed verdict- moving for a dismissal of a case because of the opposing party's failure to meet the requisite burden of proof f. Charging the jury- the process in which the judge instructs the jurors in rules of law they are to apply
Erika Renew September 3, 2023 Tort Law: PARA 1140 Adam Grubbs 10. What is the difference between a general and a special verdict? A general verdict is a verdict in which a jury decides issues of liability and damages while a special verdict is one that the jury is required to answer special interrogatories, which the judge must review to determine who the prevailing party is. 11. What options do parties have after trial? They can make a motion for new trial, move for a judgement notwithstanding the verdict, or appeal/cross-appeal the decision to a higher court.
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