Civil Litigation Midterm

.

.

if a motion is served by mail, electronically, or by fax, _________ days must be added to the 14-day notice requirement

3

a type of answer that challenges all of the allegation in a complaint is a

b. general

the role of the appellate court includes ______

c. determining if any legal errors occurred at the trial level

which of following cannot be done by a paralegal

d. asking questions at a deposition

the decision to assert the attorney-client privilege belongs to sarah's attorney

false

the hearing on a motion can be handled by a paralegal

false

a type of answer, often containing only one paragraph, in which the defendant denies all of the allegation of the complaint is an

general denial

motions made at the beginning of trial, outside the hearing of the jury, and usually addressing evidentiary issues are known as ______ motions

in limine

___ allows a court to find that certain commonly known facts are true without the parties presenting evidence of the fact

judicial notice

Time limitations in equitable cases are often affected by the principle of ________, which is based on the concept of fairness

latches

an appellate court's role is to determine if any ___________ errors occurred in the trial court

legal

if an attorney makes a frivolous motion, the court will probably issue _____ against the attorney to punish him.

sanctions

except for motions made during the ____ , motions are required to be written, filed in court, and served on opposing attorneys

trial

unless a case is settled, litigation results in a(n) ______ , where parties present their evidence to a judge or jury

trial

Discovery is the legal process by which the parties to a lawsuit search for relevant facts.

true

If a case is not filed within the appropriate statute of limitations, the case will be dismissed regardless of the merits of the case.

true

If sarah's former employer refuses to answer interrogatories, sanctions may be entered against both the company and its attorneys

true

In texas state court the first pleading generally filed in a lawsuit is called a petition

true

a cross-claim is generally allowed when a claim by one defendant against another named defendant arises out of the same transaction or occurrence that is the subject matter of the complaint

true

a third-party complaint, unlike the cross-claim and counterclaim, is a separate pleading

true

interrogatories directed to sarah's former employer are an inexpensive discovery tool

true

one of the primary objectives of discovery is to prevent one of the parties from winning the lawsuit by surprise or trickery

true

the attorney-client privilege may be lost or waived by sarah if she did not intend that a communication to her attorney be confidential

true

the most common method of resolving civil disputes is settlement

true

a statement under penalty of perjury, sworn to before a notary, describing the factual basis for making or opposing a motion is called a(n)

verfication

Facts regarding a potential lawsuit are normally derived from

d. all of the above

motions are usually made ____

d. all of the above

Purposes of discovery include ______

d. all of these

an unethical discovery tactic is ______

d. all of these choices

the primary source of the law is found in _____

d. all of these choices

which of the following skills are needed by paralegals?

d. all of these choices

a court order requiring that a party take some action or refrain from certain conduct, issued by a court without a formal hearing at the beginning of a lawsuit, is known as _________________

a. a temporary restraining order

the part of a complaint or petition that identifies the parties to the lawsuit is known as the _______

a. caption

the process of civil litigation in federal court formally begins when one party files a(n) ______

a. complaint

the authority that a court has to hear a particular type of case is known as _______________ jurisdiction

a. subject matter

the final decision to assert the attorney-client privilege remains with ______

a. the client

factual disputes are generally resolved in a(n) ______ court

a. trial

a fact or circumstance that will defeat the plaintiff's claim, even when the plaintiff can prove every contention alleged in the complaint, is known as a(n) ______________

affirmative defense

when an appellate court agrees with a lower court's decision, the court____ the case

affirms

a motion in which the moving party asks the judge to set aside a jury's decision and enter a different decision is known as ______

b. motion for judgment notwithstanding the verdict

laws containing the methods used to enforce our rights or to obtain redress for the violation of our rights are known _____ laws

b. procedural

depositions are _____

b. the oral or written testimony of a party or witness given under oath outside a courtroom

how is evidence in the possession of the control of the opposing party normally obtained?

b. through the proper discovery process

Funds belonging to a client should be kept _____

c. in the law firm's trust account

The party making a motion is known as the _______

c. moving party

to request a hearing in the supreme court, a party generally files a ____

c. petition for writ of certioari

before filing a complaint electronically in federal court, which of the following is not required

c. the filing attorney must have the written consent of the defense

an express statement under penalty of perjury that contents of a document are true is known as a(n) _____

c. verification

____ evidence is evidence that is not based on personal observation but that does lead a judge or jury to infer a particular conclusion about a disputed fact

circumstantial

laws that deal with private disputes between parties are known as ______ laws

civil

counterclaims that must be asserted or lost are known as

compulsary

paralegals who discuss cases with others risk violating the ethical rule dealing with _______

confidentiality

if a defendant ignores a complaint and files no responsive papers, the defendant _______

defaults

______ evidence is evidence that a witness personally observed and that, if believed, directly establishes a fact

direct

After the parties have filed appropriate documents, litigation proceeds with _____________, a part of the case where the parties try to find out as much as they can about the other side's case

discovery

In professional malpractice cases, statues of limitations often begin to run on the date of _________ of the wrongdoing

discovery

Both NALA and NFPA have developed ethical guidelines to govern _____ .

paralegals

in rem jurisdiction is based on the fact that _____ located within a state is the subject of the lawsuit

property

when an appellate court reverses the lower court decision and then sends it back to the trial court, it ____ the case

remands

a response to a counterclaim is known as a(n)

reply

written fee agreements are often called _________ aggreements

retainer

the American bar association has adopted ethical standards for attorneys known as model ____________

rules of professional conduct