?Describe the parties' duty to disclose under FRCP 26 and its relationship with traditional methods of discovery.
What will be an ideal response?
Each party to a lawsuit has a duty to disclose to the other party specified types of information prior to the discovery stage of litigation. Under FRCP Rule 26(f), once a lawsuit is brought, the parties (the plaintiff and defendant and/or their attorneys, if the parties are represented by counsel) must schedule a prediscovery meeting to discuss the nature of the lawsuit, any defenses that may be raised against the claims being brought, and possibilities for promptly settling or otherwise resolving the dispute. The meeting should take place as soon as practicable but at least 14 days before a scheduling conference is held or a scheduling order issued. Either at this meeting or within 10 days after it, the parties must also make the initial disclosures and submit to the court a plan for discovery. As the trial date approaches, the attorneys must make subsequent disclosures relating to witnesses, documents, and other information that is relevant to the case.These rules do not replace the traditional methods of discovery. Rather, the rules impose a duty on attorneys to disclose specified information automatically to opposing counsel early in the litigation process so that the time and costs of traditional discovery can be reduced.Attorneys may still use the traditional discovery tools (depositions and interrogatories, for instance) to obtain information, but they cannot use these methods until the prediscovery meeting has been held and initial disclosures have been made. Also, to save the court's time, the rules give attorneys a freer hand in crafting a discovery plan that is appropriate to the nature of the claim and the parties' needs.?
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5) Susan carries a loaded gun because she has been stalked by a stranger for months. She arrives at another woman's house to discuss their mutual relationship with Stan, a former football player. While talking, Stan arrives. An argument among the three ensues, and Stan follows Susan to her car, shouting at her as she retreats. Stan then heads for his car, where Susan knows he keeps a gun. Susan
takes her handgun out of her purse and fires what she calls a warning shot into the air as she drives off. The bullet hits him in the buttocks. Stan dies three days later when the surgeons at a hospital miss the fact that the bullet severed an artery. Susan is arrested and charged with murder. Discuss any defenses she may have available. What will be an ideal response?
Lawyers may have to advise a client that although there is a good case for recovery, it may not be worth pursuing because:
A. The court will not hear cases involving clear liability and damage issues B. A settlement is frowned upon by the courts C. The defendant does not carry litigation insurance D. The cost of litigation will exceed the possible recovery E. All of the above
A database cannot be created from an excel spreadsheet
a. True b. False Indicate whether the statement is true or false
The collateral source rule
a. prevents a plaintiff from double recovery. b. prevents a defendant from double recovery. c. requires disclosure of all sources of payment for damages claimed by the plaintiff. d. prevents disclosure of all sources of payment for damages claimed by the plaintiff.