Civil Litigation M/C
Reasons for allowing physical and mental examinations are to _____
all the above
The final decision to assert the attorney-client privilege remains with _____
the client
The individual who places a deponent under oath is _____
the court reporter
Claim statutes commonly apply when
the defendant in a lawsuit is a governmental entity
A relatively inexpensive type of discovery is ___
the interrogatory
In determining how far a deponent can be required to travel to a deposition, Rule ____ of the Federal Rules of Court Procedure must be consulted
45
In a federal case, trials generally occur in the _____
A District Court
A court of last resort is sometimes referred to as __________.
A Supreme Court
A deponent must be reimbursed for the expenses of ___
A and B
The party attempting to obtain a response from another party who has failed to respond to interrogatories may utilize ______
A and B above
The existence of a cause of action ______
Is all of the above
Court uses the internet _____
All of these choices
Papers filed in a court in support of a motion ____
Are technically considered pleadings, but resemble pleadings in a general format
The title of the interrogatories should identify _____
Both A and B
Statutes of limitations are generally found in ______
Codes
The role of the appellate court includes ______
Determining any legal errors that have occurred at the trial level
Knowing the elements of a cause of action in a case enables the paralegal to _____
Do all of the above
A plaintiff is usually allowed to amend a complaint _____
If all other parties have stipulated in writing that the complaint can be amended
The authority that a court has to hear a particular type of case is known as ___ Jurisdiction
Subject Matter
In a federal case, trials generally occur in _______________.
The District Court
Which of the following never starts the running of a statute of limitations?
The date the plaintiff retains an attorney
A state always has jurisdiction over a defendant in a lawsuit if _____
The defendant is a citizen of that state
Factual disputes are generally resolved in ____
Trial Court
A tickler system is _____
a calendaring system
All answers contain ____
a caption
A five year old child cannot maintain a lawsuit in his own name because ____
a child lacks capacity to sue
If an attorney decides not to take a case, that attorney should always _____
a clearly communicate that fact to the concerned individual
A claim by a defendant against a plaintiff in a federal court action is known as a _____
a counterclaim
If agreement of a mental or physical examination cannot be reached____
a formal motion for compulsory examination will be necessary
A type of answer that challenges all of the allegations in a complaint is _____
a general denial
If a complaint in a federal court action is vague and ambiguous, the defendant should file ____
a motion for a more definite statement
Subject Matter jurisdiction in federal court can be challenged by ____
a motion to dismiss
A response to a counterclaim is known as _____
a reply
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 temporary restraining order
Defendants are required to have a new summons issued when they file _____
a third-party complaint
An express statement under penalty of perjury that the contents of a document are true is known as ______
a verification
A disadvantage of interrogatories is _____
all of the above
A motion to dismiss filed in a federal action can challenge _____
all of the above
An advantage of interrogatories is the fact that _____
all of the above
An expert witness _____
all of the above
An unethical discovery tactic is _____
all of the above
Cases in which the physical and mental examination is often used includes ___
all of the above
During the discovery stage in a lawsuit it is important for the paralegal to understand that the term computer includes ____
all of the above
Facts regarding a potential lawsuit are normally driven from _____
all of the above
Interrogatories may be used to _______
all of the above
Caution must be exercised in asking for a copy of the physician's report or the lab test results after the examination of the firms client ______
because the discovery provisions under the federal rules are reciprocal
Major problems with the work product privilege includes _____
both A and B
The Federal Rules of Civil Procedure set out essential requirements for the trial judge to grant the motion for a compulsory examination, including ___
both A and B
Service of a complaint and summons on a corporation is accomplished by ______
both A and C (serving the agent for service of process)
A stipulation enlarging time to respond should be signed _____
by the attorney's for plaintiff and defendant
The part of a complaint or petition that identifies the parties to the lawsuit is known as the ____
caption
Permission for the party to be examined to allow his or her own physician to be present during the examination ______
is solely in the discretion of the trial judge
In a telephone deposition, the court reporter is ____
either A or B
In most states a subpoena may be served by _____
either B or C
In which of the following scenarios would a motion for a compulsory mental or physical examination not be granted?
either B or C
Andrews and Bates have a written contract in which Bates promised to sell Andrews a piece of real estate. Bates refused to complete the transaction. Andrews sued Bates for specific performance, asking the court to order Bates to complete the sale. This action is for ______________.
equitable relief
Authentication refers to ____
establishing that a document is what it purports it to be
A default judgment against a defendant can be set aside ____
if the plaintiff stipulates that it may be set aside
Interrogatories may be answered _______
in writing and under oath
The discretion of the trial judge to grant a motion for a compulsory examination ___
includes the authority to require a hearing in some cases
Good interview techniques include ______
listening attentively and taking detailed notes
Technical rules regarding form and content of pleadings are often found in ____
local rules of the court
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 a ____________
motion for judgment notwithstanding the verdict
A motion in which the moving party claims that the pleadings themselves indicate that no controverted issues exist and that judgment can be entered for only one party is known as ______
motion for judgment on the pleadings
The party making a motion is known as the ____
moving party
Which of the following is not an exception to the hearsay rule?
notarized document signed under penalty of perjury
Jaworsky, the driver of a vehicle, and Bigelow, a passenger in that car, were both injured in an automobile accident caused by the negligence of Thornton, the operator of another vehicle. Jaworsky and Bigelow are both allowed to sue Thornton in the same complaint because of the law regarding ______________.
permissive joinder
A motion for a summary judgment is an example of a ______
pretrial motion
An evidence log ______
records the chain of possession of a piece of evidence
Funds belonging to a client should be kept _____
In the law firm's trust account
Interrogatories aimed at determining the nature of an opponent's computer system should specify that the term "computer" includes ____
all of the above
Keeping an accurate and complete client list is important so that the law firm can _____
all of the above
Limits on the discovery process include _____
all of the above
Objections to questions asked the deponent can be based on ____
all of the above
Sanctions against parties who refuse to comply with production include ____
all of the above
The attorney-client privilege may be lost of waived by the client _____
all of the above
The purpose of discovery includes _____
all of the above
Which of the following is generally required for a motion?
all of the above
The decision from the court on a motion is known as ______
an order
An affidavit ____
any of the above
An objection to interrogatories may be made if ______
any of the above
Federal rules require that an answer be supplemented in the case of ______
any of the above
Motions are usually made ______
any of the above
The paralegals role in the request for a physical or mental examination may include ___
any of the above
When presented with a proposed order for granting a motion for a compulsory examination, the judge may ____
any of the above
A paralegal may not be asked to perform the following tasks at deposition
ask the deponent questions
A form which establishes the ground rules of litigation, including fees, billing rates, retainer, and work to be performed by the law firm is known as a/an
retainer agreement
A complaint filed in federal court _____
should contain an allegation setting forth the basis for federal jurisdiction
Leading questions during an interview ______
should probably be avoided
The legal means to secure the presence of a nonparty witness for deposition is known as ___
subpoena
A contingent fee arrangement that _____
the attorney will take a percentage of the recovery as the fee
A subpoena, an official document commanding a person to be present at a deposition is issued by ________
the clerk of the court
Depositions are _______
the oral or written testimony of a party or witness given under oath outside a courtroom
The name and addresses of an agent for service of process for a corporation can BEST be obtained from _____
the secretary of state's office
The document entitled "motion" _____
Describes the nature of the motion, the grounds for the motion and the relief requested
How is evidence in the possession or control of the opposing party normally obtained?
through the proper discovery process
The number of sets of interrogatories which may be served upon a party in federal court is ___
unlimited