civ pro 2

Question 1

Beginning steps of suit flow chart

Answer 1

Question 2

Pretrial motions

Answer 2

Question 3

Res judicata

Answer 3

Question 4

Collateral Estoppel

Answer 4

Question 5

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

Answer 5

yes

Question 6

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

Answer 6

legal hold; data cannot be destroyed

Question 7

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

Answer 7

preserved; reasonable steps; restored or replaced

Question 8

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

Answer 8

lost info was unfavorable to the party

Question 9

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

Answer 9

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

Question 10

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?

Answer 10

yes

Question 11

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

Answer 11

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