Question

1. Which of the following is NOT part of the discovery process in civil litigation?

A. Motion to dismiss the complaint

B. Deposition

C. Interrogatories

D. Request for documents

2. Patrick sues Reid Corp. for employment discrimination. After completing discovery, there is no dispute between the parties about any key fact in the case. The next step in the case should be:

A. The judge orders Reid Corp. to rehire Patrick

B. The judge holds a trial

C. Patrick files an appeal

D. The parties file a motion for summary judgment

3. Which of these courts may decline to review an appeal?

A. The U.S. Supreme Court

B. Any U.S. Circuit Court of Appeals

C. The U.S. Circuit Court of Constitutional Appeals

D. No court in the U.S. may decline to review an appeal.

4. Define the term, "the common law."

5. Jane goes to the courthouse to watch the trial in the New Jersey state court case of Smith v. Jones. However, the guard refuses to let her enter the courtroom, explaining that only relatives and friends of the litigants may watch the trial, and Jane is neither a friend nor a relative. Why is the guard's action illegal? Explain.

Answer 1

IF YOU LIKE THE ANSWER, PLEASE GIVE AN UP-VOTE OR THUMB UP. THIS WILL ENCOURAGE ME TO ANSWER MORE!!

1. Motion to dismiss the complaint is NOT part of the discovery process in civil litigation. Interrogation exists in discovery process, to know more information aggressively asking questions. Request for documents will provide with evidence and fact. Taking live testimonies is also possible as deposition.
2. The judge holds a trial. After the discovery process, trial is the only step the judge will go through
3. The US Supreme Court may decline to review an appeal if it doesn’t want to exercise discretion and grants a writ of certiorari. The rest all would give an appeal.
4. Common Law is a body of unwritten laws based on previous legal issues established by the courts. It influences the decision making process in unusual cases.
5. According to the common law, the general public can go to see a trial. Here the watchman didn’t allow Jane to go there and see it. Hence the guard’s action violated the common law and hence is illegal.