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Quiz about The Impossible Life of a Litigator
Quiz about The Impossible Life of a Litigator

The Impossible Life of a Litigator Quiz


Television shows love showing lawyers in trial every week. Most litigators will tell you that is not true. This quiz deals with what litigators actually spend their time doing. The Federal Rules of Civil Procedure will apply.

A multiple-choice quiz by dawgfan1995. Estimated time: 6 mins.
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Author
dawgfan1995
Time
6 mins
Type
Multiple Choice
Quiz #
336,567
Updated
Jul 23 22
# Qns
10
Difficulty
Average
Avg Score
7 / 10
Plays
1746
-
Question 1 of 10
1. When most big firm associates start their first job after law school, they almost never have responsibility to serve as first chair in a case. What does it mean to be "first chair"? Hint


Question 2 of 10
2. A staple of big firm litigation groups are cases involving allegedly defective drugs, car components, or even defective glass. When these cases involve injuries to consumers, a special group of big firm litigators get involved, as this area of the law is a specialty. What is this specialty called? Hint


Question 3 of 10
3. No matter what type of litigation is involved, a massive amount of money is spent by the parties in the discovery phase of cases. To obtain relevant information from an opposing party in federal court litigation, what discovery tool do litigators use? Hint


Question 4 of 10
4. From time to time, third parties not involved in the litigation will be in control of evidence that the parties in the litigation desire to have. To obtain these documents, a party may serve a subpoena on the third party after giving notice to the other parties in the litigation. Under what Federal Rule of Civil Procedure are these subpoenas served? Hint


Question 5 of 10
5. As big firm litigation associates progress in their career, eventually they will move beyond simply drafting document requests and reviewing documents. One of the next developmental steps they will take is to defend a witness deposition. What is a witness deposition? Hint


Question 6 of 10
6. In many cases and especially in complex cases, attorneys and their clients will employ expert witnesses to testify regarding certain principles beyond the expertise and experience of a reasonable non-expert in the field. What United States Supreme Court case supplied the basic rules for U.S. District Courts to evaluate expert witnesses? Hint


Question 7 of 10
7. Most defending parties and their attorneys often believe that the court in which their case is pending should eliminate some or all of the plaintiff's case as a matter of law. In other words, the defendants believe that they are entitled to judgment in their favor and that there are no disputes of material fact regarding the key issues in the case. When this is raised by a motion prior to trial and is accompanied by affidavits, sworn testimony, and authenticated documentation, what kind of motion would the defendant be filing? Hint


Question 8 of 10
8. One ground on which a case can get dismissed quickly is if too much time has passed before the plaintiff filed its lawsuit. What is the name of the statute which requires cases to be filed within a certain time from the incident leading to the damages claimed in the complaint? Hint


Question 9 of 10
9. Most civil cases filed in federal court do not go to either a jury trial or a bench trial and, in fact, most cases settle. On occasion, a court will require parties to meet with a neutral person to discuss settlement. This process often includes exchanging position papers, technical conferences, and joint presentations of positions. What is this process called? Hint


Question 10 of 10
10. Discovery disputes are a major part of what litigators spend their time handling - and, in many cases, discovery disputes are what increase the cost of the case exponentially for the parties. Under what Federal Rule of Civil Procedure may a party be sanctioned for abusing the discovery process? Hint



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Quiz Answer Key and Fun Facts
1. When most big firm associates start their first job after law school, they almost never have responsibility to serve as first chair in a case. What does it mean to be "first chair"?

Answer: To be the lead attorney on the case

Serving as the "lead attorney" generally means making strategic decisions such as deciding what discovery tools to use and when, what motions to file and when, and arguing the main motions in court. A first-year lawyer in a big firm almost never will get that kind of experience - at least not until becoming more experienced.
2. A staple of big firm litigation groups are cases involving allegedly defective drugs, car components, or even defective glass. When these cases involve injuries to consumers, a special group of big firm litigators get involved, as this area of the law is a specialty. What is this specialty called?

Answer: Products Liability

Products Liability work may involve significant scientific work, such as dealing with expert witnesses regarding drug formulas or dealing with engineers regarding the design of a motor. Products Liability work also often includes cases that deal with the warnings that manufacturers apply to products or include in instructions manuals.
3. No matter what type of litigation is involved, a massive amount of money is spent by the parties in the discovery phase of cases. To obtain relevant information from an opposing party in federal court litigation, what discovery tool do litigators use?

Answer: Requests for the Production of Documents

Requests for the Production of Documents are authorized for use under Federal Rule of Civil Procedure 34.
4. From time to time, third parties not involved in the litigation will be in control of evidence that the parties in the litigation desire to have. To obtain these documents, a party may serve a subpoena on the third party after giving notice to the other parties in the litigation. Under what Federal Rule of Civil Procedure are these subpoenas served?

Answer: Rule 45

Rule 45 governs requests for the production of documents and things directed to third parties. Federal Rule 45 requires that notice is given to the opposing parties; in some states such as Georgia, however, notice is not required.
5. As big firm litigation associates progress in their career, eventually they will move beyond simply drafting document requests and reviewing documents. One of the next developmental steps they will take is to defend a witness deposition. What is a witness deposition?

Answer: Oral testimony under oath outside of court

A deposition is nothing more than a question-and-answer session with a court reporter present. The court reporter is authorized by state law to administer oaths such that lying in a deposition could subject the witness to charges of perjury.
6. In many cases and especially in complex cases, attorneys and their clients will employ expert witnesses to testify regarding certain principles beyond the expertise and experience of a reasonable non-expert in the field. What United States Supreme Court case supplied the basic rules for U.S. District Courts to evaluate expert witnesses?

Answer: Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).

Daubert set forth the principle that federal trial courts must act as "gate keepers" and keep unreliable expert testimony from reaching the jury. Brown v. Board is, of course, the decision which instructed local schools to integrate. Roe v. Wade is about abortion. Twombly is a case regarding pleading standards for plaintiffs to avoid dismissal of their complaints for the failure to state sufficient facts.
7. Most defending parties and their attorneys often believe that the court in which their case is pending should eliminate some or all of the plaintiff's case as a matter of law. In other words, the defendants believe that they are entitled to judgment in their favor and that there are no disputes of material fact regarding the key issues in the case. When this is raised by a motion prior to trial and is accompanied by affidavits, sworn testimony, and authenticated documentation, what kind of motion would the defendant be filing?

Answer: Motion for Summary Judgment

Under Federal Rule of Civil Procedure 56, any party may file a motion at any time in the proceeding prior to trial to allege that they are entitled to judgment in their favor based on the facts and the law in the case. The Failure to State a Claim Motion is raised under Rule 12(b)(6) and does not allow the court to consider information beyond the pleadings.

The other two motions here are motions made at or after trial.
8. One ground on which a case can get dismissed quickly is if too much time has passed before the plaintiff filed its lawsuit. What is the name of the statute which requires cases to be filed within a certain time from the incident leading to the damages claimed in the complaint?

Answer: Statute of Limitations

Statutes of limitation were enacted to give more certainty to business relations and personal affairs. Further, these statutes are meant to prevent old cases with stale evidence and no living witnesses from reaching court. The Statute of Frauds is a requirement that certain transactions must be in writing to be effective. The other two statutes are made up.
9. Most civil cases filed in federal court do not go to either a jury trial or a bench trial and, in fact, most cases settle. On occasion, a court will require parties to meet with a neutral person to discuss settlement. This process often includes exchanging position papers, technical conferences, and joint presentations of positions. What is this process called?

Answer: Mediation

Mediation requires the parties to come together for at least a day (and perhaps more than a day) to discuss their respective positions in the case factually and legally. Mediation discussions are settlement negotiations and are inadmissible in any later proceeding. This fact generally encourages parties to be frank in their discussions and realistic in their positions.
10. Discovery disputes are a major part of what litigators spend their time handling - and, in many cases, discovery disputes are what increase the cost of the case exponentially for the parties. Under what Federal Rule of Civil Procedure may a party be sanctioned for abusing the discovery process?

Answer: Rule 37

Rule 37 sanctions can vary from the court ordering production of information to striking a defendant's answer or a plaintiff's complaint. The sanction depends on the egregiousness of the behavior in question, whether a party has made good-faith efforts to meet their discovery obligations, and whether previous orders regarding discovery have been entered.
Source: Author dawgfan1995

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