Counteranalysis is:
A. An exploration of how and why a specific law does or does not apply to the facts of a case
B. The process of anticipating the argument that the opponent is likely to raise in response to your analysis of an issue
C. The process of discovering and considering the counterargument to a legal position or argument
D. The same as a counterargument
E. All of the above
F. Answers a, b, and c above
Answer: F
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The theory of absolute liability and the theory of negligence per se are essentially the same.
Answer the following statement true (T) or false (F)
A party's failure to make the initial disclosures required by FRCP 26 can result in:
a. The inability of that party to use the information as evidence at trial b. Payment of reasonable expenses caused by the failure to disclose c. Payment of reasonable attorney's fees caused by the failure to disclose d. All of these choices are correct
Erie v. Tompkinsestablished the principle that?
A. ?the U.S. Constitution is supreme. B. ?there is no federal common law in diversity cases. C. ?stare decisismust be followed in federal courts. D. ?federal courts have jurisdiction over diversity cases.
A motion to dismiss is used during what part of a lawsuit??
A. ?Discovery B. ?Preliminary investigation C. ?Response to complaint D. ?Pretrial motions E. ?All of these choices are correct.