BA.C Essay Model Answers

Question 1

Material a lawyer prepares for litigation is immune from discovery or compelled disclosures, unless the opposition shows __________ and an inability to gather the material without undue hardship. A lawyer’s mental impressions or opinions are immune from discovery or compelled disclosure regardless of the opposition’s need, unless the immunity is waived.

Answer 1

a substantial need

Question 2

Material a lawyer prepares for litigation is immune from discovery or compelled disclosures, unless the opposition shows a substantial need and _________________. A lawyer’s mental impressions or opinions are immune from discovery or compelled disclosure regardless of the opposition’s need, unless the immunity is waived.

Answer 2

an inability to gather the material without undue hardship

Question 3

Material a lawyer prepares for litigation is immune from discovery or compelled disclosures, unless the opposition shows a substantial need and an inability to gather the material without undue hardship. A lawyer’s mental impressions or opinions are immune from discovery or compelled disclosure _________________.

Answer 3

regardless of the opposition’s need, unless the immunity is waived

Question 4

Material a lawyer prepares for litigation is immune from discovery or compelled disclosures, unless the opposition shows a substantial need and an inability to gather the material without undue hardship. A lawyer’s __________________ are immune from discovery or compelled disclosure regardless of the opposition’s need, unless the immunity is waived.

Answer 4

mental impressions or opinions

Question 5

The attorney-client privilege prohibits a court or government tribunal from compelling the revelation of confidential communications between an attorney and a client if _________________.

Answer 5

the subject of the communication concerns legal advice

Question 6

A party may serve on any other party a ___________ and permit the requesting party to inspect or copy any designated documents or electronically stored information in the responding party’s control, possession, or custody.

Answer 6

Request to produce

Question 7

A party may serve on any other party a request to produce and permit the requesting party to inspect or copy any designated ______________ in the responding party’s control, possession, or custody.

Answer 7

documents or electronically stored information

Question 8

A party may serve on any other party a request to produce and permit the requesting party to inspect or copy any designated documents or electronically stored information in the responding party’s _____________.

Answer 8

Control, possession, or custody

Question 9

If the mental or physical condition of a party is ______________, the court may order such person to submit to a physical or mental exam by a suitably licensed or certified examiner.

Answer 9

In controversy

Question 10

If the mental or physical condition of a party is in controversy, the court may order such person to submit to a physical or mental exam by a ____________.

Answer 10

a suitably licensed or certified examiner

Question 11

When a party withholds information based on privilege or attorney work-product, the party must _______________ and describe the materials or communications not produced in a manner to enable other parties to assess the applicability of the privilege or protection.

Answer 11

expressly state the claim of privilege

Question 12

When a party withholds information based on privilege or attorney work-product, the party must expressly state the claim of privilege and ________________ in a manner to enable other parties to assess the applicability of the privilege or protection.

Answer 12

describe the materials or communications not produced

Question 13

When a party withholds information based on privilege or attorney work-product, the party must expressly state the claim of privilege and describe the materials or communications not produced in a manner to ____________________.

Answer 13

enable other parties to assess the applicability of the privilege or protection

Question 14

When a party withholds information based on privilege or attorney work-product, the party must expressly __________ and describe the materials or communications not produced in a manner to enable other parties to assess the applicability of the privilege or protection.

Answer 14

state the claim of privilege

Question 15

When a party withholds information based on privilege or attorney work-product, the party must expressly state the claim of privilege and describe ________________ in a manner to enable other parties to assess the applicability of the privilege or protection.

Answer 15

the materials or communications not produced

Question 16

When a party withholds information based on privilege or attorney work-product, the party must expressly state the claim of privilege and describe the materials or communications not produced in a manner to enable other parties to assess _______________ .

Answer 16

the applicability of the privilege or protection

Question 17

Generally, discovery may be had of any matter (1) relevant to the claim or defense of any party, (2) not privileged, and (3) ____________________.

In determining whether discovery is _____________________, the court considers: 💃 ARRIBA💃
(1) AMOUNT in controversy
(2) parties’ RESOURCES
(3) importance of the discovery in RESOLVING the issues
(4) IMPORTANCE of the issues in the action
(5) BURDEN or expense of the discovery versus the BENEFIT
(6) parties’ ACCESS to relevant information

Information need not be admissible in evidence to be discoverable.

Answer 17

Proportional to the needs of the case

Question 18

Generally, discovery may be had of any matter (1) relevant to the claim or defense of any party, (2) not privileged, and (3) proportional to the case needs.

In determining whether discovery is proportional to the needs of the case, the court considers:
(1) ________________
(2) ________________
(3) ________________
(4) ________________
(5) ________________
(6) ________________

Information need not be admissible in evidence to be discoverable.

Answer 18

💃 ARRIBA💃

(1) AMOUNT in controversy
(2) parties’ RESOURCES
(3) importance of the discovery in RESOLVING the issues
(4) IMPORTANCE of the issues in the action
(5) BURDEN or expense of the discovery versus the BENEFIT
(6) parties’ ACCESS to relevant information

Question 19

💃 ARRIBA💃

Answer 19

Generally, discovery may be had of any matter (1) relevant to the claim or defense of any party, (2) not privileged, and (3) proportional to the case needs.

In determining whether discovery is proportional to the needs of the case, the court considers: 💃 ARRIBA💃
(1) AMOUNT in controversy
(2) parties’ RESOURCES
(3) importance of the discovery in RESOLVING the issues
(4) IMPORTANCE of the issues in the action
(5) BURDEN or expense of the discovery versus the BENEFIT
(6) parties’ ACCESS to relevant information

Information need not be admissible in evidence to be discoverable.

Question 20

Generally, discovery may be had of any matter (1) _______________, (2) not privileged, and (3) proportional to the case needs.

Answer 20

(1) relevant to the claim or defense of any party

The test for relevance is not admissibility of evidence at trial, but whether information is relevant to any party’s claim or defense.

Question 21

Generally, discovery may be had of any matter (1) relevant to the claim or defense of any party, (2) not privileged, and (3) proportional to the case needs.

The test for relevance is ________________.

Answer 21

not admissibility of evidence at trial, but whether information is relevant to any party’s claim or defense.

Question 22

Generally, discovery may be had of any matter (1) relevant to the claim or defense of any party, (2) not privileged, and (3) proportional to the case needs.

The test for relevance is not _______________, but whether information is relevant to any party’s claim or defense.

Answer 22

Admissibility of evidence at trial

Question 23

Generally, discovery may be had of any matter (1) relevant to the claim or defense of any party, (2) not privileged, and (3) proportional to the case needs.

The test for relevance is not admissibility of evidence at trial, but whether _______________.

Answer 23

information is relevant to any party’s claim or defense

Question 24

Generally, discovery may be had of any matter (1) relevant to the claim or defense of any party, (2) not privileged, and (3) proportional to the case needs.

When a party withholds information based on privilege or attorney work-product, the party must _____________________.

Answer 24

expressly state the claim of privilege and describe the materials or communications not produced in a manner to enable other parties to assess the applicability of the privilege or protection

Question 25

Generally, discovery may be had of any matter ________________.

Answer 25

(1) relevant to the claim or defense of any party,
(2) not privileged, and
(3) proportional to the case needs.

Question 26

Prior to filing an answer, a defendant may file a motion raising failure to join an indispensable (necessary) party to seek ______________.

Answer 26

Dismissal of the claim

Question 27

Prior to __________, a defendant may file a motion raising failure to join an indispensable (necessary) party to seek dismissal of the claim.

Answer 27

Filing an answer

Question 28

________ filing an answer, a defendant may file a motion raising failure to join an indispensable (necessary) party to seek dismissal of the claim.

Answer 28

Before / prior to

Question 29

A person (1) ____________ (2) whose joinder will not deprive the court of subject matter jurisdiction, or (3) destroy venue (4) must be joined as a necessary party, if (5) the court has personal jurisdiction.

Answer 29

subject to service of process

Question 30

A person (1) subject to service of process (2) ________________, or (3) destroy venue (4) must be joined as a necessary party, if (5) the court has personal jurisdiction.

Answer 30

whose joinder will not deprive the court of subject matter jurisdiction

Question 31

A person (1) subject to service of process (2) whose joinder will not deprive the court of subject matter jurisdiction, or (3) __________ (4) must be joined as a necessary party, if (5) the court has personal jurisdiction.

Answer 31

Destroy venue

Question 32

A person (1) subject to service of process (2) whose joinder will not deprive the court of subject matter jurisdiction, or (3) destroy venue (4) ___________, if (5) the court has personal jurisdiction.

Answer 32

Must be joined as a necessary party

Question 33

Compulsory joinder rules state: a person (1) subject to service of process (2) whose joinder will not deprive the court of subject matter jurisdiction, or (3) destroy venue (4) must be joined as a necessary party, if (5) ______________.

Answer 33

the court has personal jurisdiction

Question 34

Compulsory Joinder

Answer 34

A person (1) subject to service of process (2) whose joinder will not deprive the court of subject matter jurisdiction, or (3) destroy venue (4) must be joined as a necessary party, (5) if the court has personal jurisdiction.

Question 35

Prior to filing an answer, a defendant may file a motion raising failure to join an indispensable (necessary) party to seek dismissal of the claim.

Compulsory joinder rules state: a person (1) subject to service of process (2) whose joinder will not deprive the court of subject matter jurisdiction, or (3) destroy venue (4) must be joined as a necessary party, (5) if the court has personal jurisdiction.

A party is necessary if _______________.

The U.S. Supreme Court has held that tortfeasors facing joint and several liability are not parties who must be joined.

Answer 35

(1) complete relief cannot be provided to existing parties in the person’s absence,
(2) disposition in the person’s absence may impair the person’s ability to protect her interest, or
(3) absence of the person exposes existing parties to a substantial risk of multiple or inconsistent obligations

Question 36

Prior to filing an answer, a defendant may file a motion raising failure to join an indispensable (necessary) party to seek dismissal of the claim.

Compulsory joinder rules state: a person (1) subject to service of process (2) whose joinder will not deprive the court of subject matter jurisdiction, or (3) destroy venue (4) must be joined as a necessary party, (5) if the court has personal jurisdiction.

A party is necessary if:
(1) complete relief cannot be provided to existing parties in the person’s absence,
(2) disposition in the person’s absence may impair the person’s ability to protect her interest, or
(3) absence of the person exposes existing parties to a substantial risk of multiple or inconsistent obligations

The U.S. Supreme Court has held that tortfeasors facing joint and several liability ____________.

Answer 36

are not parties who must be joined.

Question 37

A party is necessary if:
(1) ____________,
(2) disposition in the person’s absence may impair the person’s ability to protect her interest, or
(3) absence of the person exposes existing parties to a substantial risk of multiple or inconsistent obligations

Answer 37

complete relief cannot be provided to existing parties in the person’s absence

Question 38

A party is necessary if:
(1) complete relief cannot be provided to existing parties in the person’s absence,
(2) ______________, or
(3) absence of the person exposes existing parties to a substantial risk of multiple or inconsistent obligations

Answer 38

disposition in the person’s absence may impair the person’s ability to protect her interest

Question 39

A party is necessary if:
(1) complete relief cannot be provided to existing parties in the person’s absence,
(2) disposition in the person’s absence may impair the person’s ability to protect her interest, or
(3) _____________________

Answer 39

absence of the person exposes existing parties to a substantial risk of multiple or inconsistent obligations

Question 40

A party is ________ if:
(1) complete relief cannot be provided to existing parties in the person’s absence,
(2) disposition in the person’s absence may impair the person’s ability to protect her interest, or
(3) absence of the person exposes existing parties to a substantial risk of multiple or inconsistent obligations

Answer 40

Necessary

Question 41

Initial Disclosures

Answer 41

With limited exceptions, a party must, without awaiting a discovery request, disclose: (1) the name, address, and telephone number of individuals likely to have discoverable information, along with the subjects of that information, and (2) a copy or a description of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses.

Question 42

A federal court is a court of limited jurisdiction, only hearing claims based on federal questions arising under ____________.

Answer 42

the U.S. Constitution, U.S. Treaties, or federal statutes

Question 43

Diversity of citizenship jurisdiction exists where: (1) all plaintiffs are of diverse citizenship from all defendants, and (2) the amount in controversy (a) exceeds $75,000, exclusive of ____________, and (b) is pled in good faith by the party bringing the action.

Answer 43

Interests and costs

Question 44

Diversity of citizenship jurisdiction exists where: (1) all plaintiffs are of diverse citizenship from all defendants, and (2) the amount in controversy (a) exceeds $75,000, exclusive of interests and costs, and (b) is ____________.

Answer 44

pled in good faith by the party bringing the action

Question 45

A United States citizen is a _________ of the state in which s/he is (1) physically present, and (2) intends to remain for an indefinite period.

Answer 45

Domiciliary

Question 46

A United States citizen is a domiciliary of the state in which she is (1) physically present, and (2) ________.

Answer 46

intends to remain for an indefinite period

Question 47

If an action involves one plaintiff and one defendant, the __________ is calculated to determine the amount in controversy.

Answer 47

total value of the plaintiff’s claims

Question 48

Under the Erie Doctrine, a federal court in a diversity case applies the substantive law of the state in which the court is located. For procedural issues, the court applies the federal law when:

Answer 48

(1) there is a valid federal law,
(2) the failure to apply state law does not lead to different outcomes in state and federal court, or
(3) federal interests warrant application of federal law.

Question 49

Under the Erie Doctrine, a federal court in a diversity case applies the substantive law of the state in which the court is located. For procedural issues, the court applies the federal law when:
(1) there is a valid federal law,
(2) ___________, or
(3) federal interests warrant application of federal law.

Answer 49

the failure to apply state law does not lead to different outcomes in state and federal court

Question 50

Under the Erie Doctrine, a federal court in a diversity case applies the substantive law of the state in which the court is located. For procedural issues, the court applies the federal law when:
(1) there is a valid federal law,
(2) the failure to apply state law does not lead to different outcomes in state and federal court, or
(3) ________.

Answer 50

federal interests warrant application of federal law

Question 51

Venue is [substantive/procedural]

Answer 51

Procedural

Question 52

In federal court, venue is generally proper in:
(1) judicial district in which any defendant resides, if all defendants reside in the same state,
(2) judicial district in which a substantial part of the events or omissions on which the claim is based occurred, or
(3) if no district in which an action may otherwise be brought as provided in this section, judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action.

Answer 52

(1) judicial district in which any defendant resides, if all defendants reside in the same state,
(2) judicial district in which a substantial part of the events or omissions on which the claim is based occurred, or
(3) if no district in which an action may otherwise be brought as provided in this section, judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action.

A natural person resides in the district where she domiciles.

Question 53

Is discovery a procedural or substantive issue?

Answer 53

Procedural.

In federal diversity cases, federal law applies to discovery.