civ pro 2 Flashcards

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1
Q

Beginning steps of suit flow chart

A
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2
Q

Pretrial motions

A
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3
Q

Res judicata

A
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4
Q

Collateral Estoppel

A
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5
Q

is a party entitled to discover information that appears reasonably calculated to lead to the discovery of admissible evidence?

A

yes

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6
Q

esi that is potentially relevant for further analysis and review in legal proceedings is placed on a___to ensure____

A

legal hold; data cannot be destroyed

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7
Q

a court may impose sanctions where esi that should have been ____ in anticipation of litigation is lost because a party failed to take _____ to preserve it, and it cannot be _____ through additional discovery

A

preserved; reasonable steps; restored or replaced

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8
Q

what may a court presume if a court finds a party destroyed/lost information with intent to deprive another party of the information’s use in litigation

A

lost info was unfavorable to the party

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9
Q

what may a court instruct the jury if a court finds a party destroyed/lost information with intent to deprive another party of the information’s use in litigation

A

it may or may not presume information was unfavorable to the party

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10
Q

may a court dismiss the action or enter a default judgment if a court finds a party destroyed/lost information with intent to deprive another party of the information’s use in litigation?

A

yes

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11
Q

what must an adverse party demonstrate to access documents prepared in anticipation of litigation via discovery?

A
  1. substantial need for documents AND
  2. inability to obtain substantially equivalent information without undue hardship
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12
Q
A
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