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BCP Exam Verified Questions and Answers 2024
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BCP Exam Verified Questions and Answers 2024
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BCP Exam Verified Questions andAnswers 2024
1. Fuentes, the beneficiary of a life insurance policy owned by Carello, sues Reliable
Insurance to collect the proceeds of the policy. In its answer, Reliable claims that Carello
committed suicide, and it is therefore not liable on the policy. (As a matter of law, it
would not be liable if this is true). Reliable moves for summary judgment, attaching the
affidavit of Herrera, who swears that he saw Carello deliberately jump from the
seventh-story window. It also attaches an excerpt from a deposition of Carello's family
physician, in which she states that she had told Carello that he was dangerously ill and
not likely to live more than a few more months.Fuentes files an affidavit in opposition to
the motion, in which she states that she had had a conversation with Carello a week
before he died, in which he expressed disbelief that he was seriously ill, and the hope
that he would recover. The trial judge should - ANS-deny the motion if she concludes
that there is a question of fact as to whether Carello committed suicide.
2. Sorenson sues Marathon Corporation in federal court for the fee he had earned as
the broker after he had assisted Marathon in acquiring a family business. He seeks his
commission, damages for fraud, and statutory damages under a state statute. DeMarco,
Sorenson's counsel, takes the deposition of Sanchez, an independent accountant who
audited Marathon's business, and had been involved in the negotiations and planning
for the acquisition. At the outset of the deposition, DeMarco asks Sanchez whether the
company's lawyers, in preparing him for his deposition, had noted any particularly
problematic issues they expected to come up at the deposition, and what areas of
inquiry they had spent most of their time discussing. Marathon's counsel objects based
on the work product doctrine and attorney-client privilege. The objection should probably
be: - ANS-sustained under Hickman v. Taylor, even if Rule 26(b)(3) does not apply and
Sorenson demonstrates a substantial need for the information.
3. Amy, a purchaser of "DietAid" diet drink, filed a class action in federal court in
California, her home state, against Smith Pharmaceuticals (a California corporation with
its principal place of business in California), the manufacturer of DietAid. Amy's
complaint alleges that DietAid actually has no weight loss benefits and alleges breach of
implied warranty claims against Smith Pharmaceuticals. The complaint seeks recovery
of the amount that Amy and each class member paid for the pills. The complaint
describes the class as "all citizens and legal residents of the United States who have
, purchased DietAid from Smith Pharmaceuticals from January 1, 2013, to December 31,
2016." Approximately 60,000 class members each paid $100 for DietAid, which was
sold in California, Texas, New York, and Florida. There are about 15,000 class members
in each of the four states. Amy's individual claim is for $225 in out-of-pocket expenses.
Does the federal court have jurisdiction over this class action? - ANS-Yes. There is
sufficient minimal diversity, there are more than one hundred class members and the
amount in controversy exceeds $5 million.
4. Leahy Pharmaceuticals receives a series of complaints about its "Nasa-Clean" nasal
spray. One letter, from counsel for Wallace, demands compensation for injuries Wallace
allegedly sustained from using the spray, and threatens suit if compensation is not
provided. Leahy officers doubt that Nasa-Clean caused Wallace's injuries. In order to
determine whether to settle or litigate the claim, they ask Friedan, a chemist who works
for the company, to review relevant records regarding the spray to determine whether it
has caused similar injuries to other users. Friedan submits a written report on her
investigation to Leahy.Four months later, Wallace brings suit in federal court against
Leahy for his injuries and requests production of all documents and reports in Leahy's
possession concerning problems with Nasa-Clean. Friedan's report. - ANS-is protected
from discovery under Rule 26(b)(3), unless Wallace makes a showing of substantial
need and inability to obtain equivalent information through other means.
5. Mason sues Drake in federal court for negligently causing a fire in her warehouse in
Boston. A week after the fire, Mason's attorney locates and interviews Collins, who was
drinking wine behind the warehouse at the time of the fire. Collins says he and Engels
saw someone who looked like Drake speed away from the fire just after it began.
Mason's counsel made an audio recording of the interview with Collins. Collins lives in
Boston, within the district in which the suit is pending. Drake's attorney had asked
Collins to come in to discuss the case informally with him, but Collins refused.Drake
serves interrogatories on Mason asking Mason to "state the names of any witnesses
who may have knowledge of the events giving rise to this action." He also sends a
request for documents, which requires Mason to "produce any statements you or your
attorney have from any witness regarding the cause of the fire." Mason's counsel
responds by objecting to both the interrogatory and the request on the ground of "work
product." Which of the following statements is true? - ANS-Mason must answer the
interrogatory, but the request for production of the tape is probably protected from
disclosure under Rule 26(b)(3).
6. Lutsky and Patrick (a passenger in Lutsky's car), both from Arizona, are injured in a
three-car collision involving Lutsky's car and cars driven by Rowe and Bailey, both from
New Mexico. Lutsky and Patrick sue Rowe in federal court, each seeking $200,000 for
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