Practice Quiz

Paralegal

Category - Judgement

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A development company from Illinois entered into a contract with a rancher in Nebraska for the purchase of forty acres on the north side of rancher’s property. After the transaction closed, the parties discovered an error in the survey of the forty acres, and a dispute arose as to the exact boundaries of the forty acres and legal description of the property. If the development company sued the rancher in federal court, which of the following would be discoverable under Rule 26 and the discovery rules of the Federal Rules of Civil Procedure?
  1. The deed conveying the property from the rancher to the development company.
  2. The Purchase and Sale Contract between the development company and the rancher.
  3. The Articles of Incorporation of the development company as filed with the secretary of state.
  4. All of the above.
Explanation
Answer: D - All of the above. Generally, so long as the material (either a document or a deposition question) is minimally relevant to an issue or a defense, the material is discoverable. However, that does not mean the material is admissible at trial. The deed is relevant because it reflects the transfer of title in the transaction. The Purchase and Sale Contract is relevant because it sets forth the terms of the agreement between the parties. A copy of the Articles of Incorporation is relevant because it confirms the corporate existence and purpose of the buyer.
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