Week 3 Lecture

Question 1

The number associated with “preponderance of the evidence” is (1), but there are lots of (2) throughout litigations. The burden is always (3) but is not always (4). Two advantages the “burdened” gets are (5) and (6).

Answer 1

1. 51% 2. smaller burdens 3. preponderance 4. on the plaintiff 5. they go first 6. they go last

Question 2

Two examples of the where the correlary relationship of burdened-advantaged plays out

Answer 2

1. complaint –> response –> reply 2. opening and closing arguments

Question 3

The longest phase in litigation is the (1)

Answer 3

1. discovery phase

Question 4

6 tools of discovery

Answer 4

1. interrogatories 2. depositions 3. requests for production of documents 4. requests for admissions 5. medical/mental examinations 6. disclosure statements (only one that is mandatory!)

Question 5

Hackett Rules involve (1), whose purpose is to avoid (2), which prevents trying a case on its (3). This idea is based on the protections of (4).

Answer 5

1. automatic prompt disclosure 2. ambush 3. merits 4. due process

Question 6

(1) include more technicalities because the government should be expected to follow the rules. For example, (2) have more protections. Civil cases are more open because they are (3).

Answer 6

1. criminal cases 2. witnesses 3. voluntary

Question 7

How has APD been made into a “weapon” instead of a “shield” by lawyers?

Answer 7

Objection: Failure to Disclose destroys a case. Disclose EVERYTHING!

Question 8

The APD is due (1) from the (2). If multiple defendants answer at different times, the APD is due (3), though, in practice, it is usually (4). In federal court, due date of the APD is determined by a (5) which takes place before the scheduling conference.

Answer 8

1. 40 days 2. defendant’s answer 3. 40 days from each answer 4. 40 days from the last answer (more time for everyone) 5. meet and confer

Question 9

9 things in a disclosure statement

Answer 9

1. statement of facts 2. law (legal claims/defenses) (given by court! - Revise Arizona Jury Instructions) 3. witnesses (who observed something) 4. people with knowledge (who are not being called) 5. statements (of witnesses) 6. experts (who know something)(hired just for litigation) 7. damages 8. exhibits 9. items of knowledge (not being used as exhibits)(e.g., diary)

Question 10

Of the items in a disclosure statement, (1) and (2) are inextricably linked. (3) and (4) are not really important anymore, because you might as well preserve their usage.

Answer 10

1. exhibits 2. witnesses (for foundation) 3. people with knowledge 4. items of knowledge

Question 11

Witness disclosure can be more (1) while expert disclosure must be (2) and (3).

Answer 11

1. generic 2. specific 3. detailed

Question 12

Additional disclosure statements are not necessary, but if more information is discovered and you (1), it must be disclosed within (2). Notice pleading means the the (3) but the (4).

Answer 12

1. want to use it at trial 2. 30 days of discovery 3. complaint can be vague 4. disclosure will be specific

Question 13

Good practice for disclosure statements is to (1) and to (2)

Answer 13

1. include which statement it is in the title (first, second, etc.) 2. Add on to the old disclosure statement, bolding the new stuff (easier to find stuff at trial)

Question 14

All records implicate (1). All bill implicate (2). All disclosure statements must be (3)–the only thing that really requires this.

Answer 14

1. witnesses 2. damages 3. verified (signed by client)