Question

Both questions are business law:

1. The "discovery" phase of a trial includes all but which of the following?

a- depositions

b- requests for admission

c- counterclaims

d- written interrogatories

2. Even in a jury trial, the judge may decide the issue himself when:

NOTE: This is a question concerning a Motion for a Directed Verdict. The current version of the textbook did not adequately explain this motion so I am giving you the correct answer:  One of the parties convinces the judge that reasonable persons could not differ as to the outcome of the case.

a- one of the parties believes the jury will not be able to come to a just conclusion in the case

b- one of the parties convinces the judge that reasonable persons could not differ as to the outcome of the case

c- one of the parties demands that the judge not let the jury make the decision

d- one of the parties objects to having a jury trial

Answer 1

1> c- counterclaims

In the discovery phase,  interrogatories, requests for production of documents, requests for admissions and depositions are used to collect evidence from counter parties. But, counterclaiming is not part of the discovery phase.

2> b- one of the parties convinces the judge that reasonable persons could not differ as to the outcome of the case

In a Jury trial, any party can not demand or oppose who decides the outcome. Thus, option c and d are wrong. Since Jury is chosen as third parties, option A can not be true. Now, when there are evidences which are beyond reasonable doubt, then the Judge may decide for itself because it comes from common sense.