September 3, 2023
Tort Law: PARA 1140
Tort Law: Chapter 2 Review Questions
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.
What are the four elements of a complaint? Jurisdiction, Parties, Claim, and Damages
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.
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.
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
Identify each of the following:
Motion to compel- forces the opposing party to comply with a request for discovery
Motion for a protective order- protects a party from having to disclose privileged
Motion for summary judgement- requests that the court enter a judgement on the
party's behalf because there is no material fact at issue
Motion in limine- prevents evidence from being presented to the jury