Paulette was flying from Raleigh to Charlotte aboard Free Spirit Airlines, America's first self-service air carrier. Fares for the airline are $5. Passengers are put in 50-year-old, used glider planes, hauled up into the air in the direction of their destination, and released. Unfortunately for Paulette, the glider had an unexploded shell from the French and Indian War. The shell exploded and Paulette had to bail out over Greensboro. Free Spirit has a practice of investigating all accidents. Each time an accident happens, a senior engineer looks over the glider plane, interviews the self-serve pilot, and then writes up a report evaluating what he thinks went wrong, what the company could do in the future to ensure safer air travel, suggesting talking points to soothe the worries of potential customers, and assessing whether the company's lawyer should be informed. The company has been sued over 100 times in the past several years for accidents, and the company's lawyer has warned it to expect a lawsuit whenever a serious injury occurs. Which of the following is true?A.The specific claim test would not support treating the senior engineer's memo as work product.B.The work product is not protected because it was not prepared by a lawyer.C.Since no claim had been filed, the senior engineer's memo could not have been prepared in anticipation of the litigation.D.The work product will likely be withheld under either the primary purpose or specific claims test.E.The work product will not be withheld under the primary purpose test.

Then try StudyFetch, the AI-powered platform that can answer your questions and teach you more about it!