Physical and mental examinations:
A. Are only necessary for wrongful death actions
B. Are only necessary if the presiding judge in the trial requests one
C. Are a form of discovery that permits the physical or mental examination of a party by a qualified expert or one of the opposing party's choosing when such an issue is pertinent to the lawsuit
D. All of the above
Q. 2Commercial impracticality occurs when the cost of performance is ________.
Fill in the blank(s) with correct word
Q. 3Expert witnesses:
A. Provide eyewitness accounts only
B. Are not allowed in civil cases
C. Are persons qualified by education, training, and experience to render opinion testimony based on facts outside the facts and scope of knowledge of the fact finder
D. None of the above
Q. 4The rules of evidence coupled with the rules of court are designed to provide a level playing field for conducting a trial.
Indicate whether the statement is true or false
Q. 5Discovery is:
A. The result of doing meticulous exploratory work that leads to new geographic discoveries
B. A phase of the litigation process in which the plaintiff and the defendant share information relevant to a lawsuit
C. A posttrial phase where documents are exchanged between the parties in anticipation of an appeal
D. None of the above
Q. 6Where a good does not perform as represented by the seller, there has been a ________ of warranty.
Fill in the blank(s) with correct word
Q. 7Affirmative defenses are found in:
A. The complaint
B. A motion to dismiss
C. The answer
D. A motion to compel discovery
Q. 8A person who willfully infringes on copyrights can face prosecution under state law for criminal copyright infringement.
a. True
b. False
Indicate whether the statement is true or false
Q. 9Generally, only the parties to a contract are said to be in ________ of contract.
Fill in the blank(s) with correct word