In Cooper Tire & Rubber v. Mendez, involving a tire blowout that resulted in deaths in an accident, the Texas high court held that:

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the head of a corporation is never required to testify in a deposition

the head of a corporation is only required to answer written interrogatories, not appear for a deposition

the expert witness for Cooper could not be a company employee

the head of a corporation may send a qualified corporate officer to testify in his place

In Cooper Tire & Rubber v. Mendez, involving a tire blowout that resulted in deaths in an accident, the Texas high court held that:

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the expert for plaintiff Mendez failed to meet the standard of reliability, so there would be a new trial

the expert witness for Cooper failed to meet the standard for reliability, so that testimony would be stricken from the record

the expert for plaintiff Mendez failed to meet the standard of reliability, so it reversed the judgment to be in favor of Cooper

the expert witness for Cooper could not be a company employee, it had to be an independent expert

If one party to a lawsuit requests the production of documents that would expose a trade secret, the party against whom the request is made may procure the following to ensure the confidentiality of the secret:

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a deposition

a counterclaim

an injunction

a protective order

Suppose both sides in a suit agree about certain facts, so they do not need to be proven at trial. To settle facts about which there is no real dispute, the parties may use:

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sanctions

requests for admissions

expert witness commentary

protective order for documents

If the mental or physical condition of a party to a suit is an issue raised by the other party the:

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court will only allow evidence from the experts of the plaintiff's choosing

court cannot require an examination since that violates the constitutional right to privacy about medical issues

court will sanction a rule to comply

party requesting the order must show a greater need for this information than for other kinds of discovery

If a party refuses to comply with a court order to produce documents or answer written interrogatories:

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nothing can be done, since no one can be forced to answer questions; the trial must proceed as best it can

the court can find the party in contempt of court, which can result in fines or imprisonment

the court can declare a mistrial and order the procedure to begin again

nothing can be done at that time, but the questions can be asked again during the trial to show the judge and jury that the party would not provide relevant information

A person is injured in an accident involving a GM car. The person sues GM, claiming the design of the vehicle was defective. They claim that they must ask the president of GM certain questions. The president:

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must appear at any trial at which he is requested as a witness

may designate subordinates to give testimony at trial on his behalf

may designate subordinates to answer questions for him at a deposition

usually will not have to appear at the trial, but may have to give a deposition

In the federal courts the right to a jury trial is guaranteed:

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in no cases; juries are only used in state courts

only in criminal cases, not in civil cases

in common law cases in which over $20 is in dispute

in all cases

During the selection of a jury from the jury pool, attorneys:

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may reject any potential juror without restriction

may request to meet with potential jurors in private

may insist on a jury with 12 jurors

are usually allowed to reject some jurors without any reason

Following the opening statements at a trial, the:

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defendant goes first since he has the burden of proving the plaintiff's arguments are wrong

plaintiff goes first in civil cases, the defendant goes first in criminal cases

plaintiff goes first since she has the burden of proving that her arguments are correct

judge decides who goes first depending on the type of case