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Exam 8: Overview of the Discovery Process

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Question 1

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The final decision to assert the attorney-client privilege remains with ________.

A) the client
B) the attorney
C) the court
D) Either a or b.

E) A) and B)
F) C) and D)

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Question 2

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The attorney-client privilege is a privilege that belongs to the ________.

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Question 3

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During the discovery stage in a lawsuit, it is important for the paralegal to understand that the term computer includes ________.

The courts in the United States provide the same level of security for ESI as afforded by the European Union.

The act of making known that which was unknown or not fully known is referred to as ________.

The attorney-client privilege may be lost or waived by Sanderson if she did not intend that a communication to her attorney be confidential.

Limits on the discovery process include ________.

Clawback agreements were authorized by the new amendments to the Federal Rules of Civil Procedure because the complicated nature of ESI makes the inadvertent revelation of privileged information more likely.

A meeting held between the judge and counsel for all parties prior to trial is known as a(n) ________.

One of the primary objectives of discovery is to prevent one of the parties from winning the lawsuit by surprise or trickery.

The work product privilege protects letters, memos, documents, records, and other tangible items that have been produced in anticipation of ________.

Sanctions for failure to comply with discovery requests are permitted against either or both the attorney and the client.

Depositions are ________.

A relatively inexpensive type of discovery is the ________.

ESI includes most computer-generated records but excludes e-mail files.

Mutual disclosure of certain information has been mandated in civil lawsuits in federal court by Federal Rule ________.

Interrogatories directed to Tricor are an inexpensive discovery tool.

If a party still refuses to comply after an order compelling cooperation is issued, the court can levy certain sanctions against the noncomplying party.

An unethical discovery tactic is ________.

Although the confessor-penitent privilege belongs to the penitent, the law also protects a clergy member who has taken a religious oath not to reveal the content of counseling sessions.