Civil Litigation: Midterm Review

Defendants are required to have a new summons issued when they file ________________________. a. a counterclaim b. a cross-claim c. a third-party complaint d. all of the above

c. a third-party complaint

Cloud computing refers to __________________. a. presentation software b. case management software c. an electronic filing system d. storage of documents on the Internet

c. an electronic filing system

All answers contain _______________. a. a caption b. a general denial c. affirmative defenses d. both a and c

a. a caption

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 b. a preliminary injunction c. a permanent injunction d. declaratory relief

a. a temporary restraining order

Factual disputes are generally resolved in ______________________. a. a trial court b. an appellate court c. a supreme court d. all of the above

a. a trial court

A stipulation enlarging time to respond should be signed _____________________. a. by the attorneys for plaintiff and defendant b. by the plaintiff and the defendant c. only by the attorney for the defendant d. only by the judge

a. by the attorneys for plaintiff and defendant

If an attorney decides not to take a case, that attorney should always __________________________________. a. clearly communicate that fact to the concerned individual b. fully explain the reasons for turning down the case c. refer the individual to another attorney for a second opinion d. all of the above

a. clearly communicate that fact to the concerned individual

Statutes of limitation are generally found in ___________________________. a. codes b. cases c. constitutions d. all of the above

a. codes

The process of civil litigation formally begins when one party files a/an ___________________. a. complaint b. answer c. motion d. writ

a. complaint

A claim by a defendant against a plaintiff in a federal court action is known as a/an ___________________. a. counterclaim b. cross-claim c. third-party complaint d. cross-complaint

a. counterclaim

Proper venue in a federal action based on diversity of citizenship can be determined by _____________________. a. either the defendant's residence or the place where the cause of action arose b. only the defendant's residence c. only the plaintiff 's residence d. only where the cause of action arose

a. either the defendant's residence or the place where the cause of action arose

Good interviewing techniques include _________________________. a. listening attentively and taking detailed notes b. asking leading questions c. disregarding the demeanor of the witness and only paying attention to what is said d. all of the above

a. listening attentively and taking detailed notes

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 _____________________. a. permissive joinder b. compulsory joinder c. class actions d. indispensable parties

a. permissive joinder

A motion for a summary judgment is an example of _______________________. a. pretrial motion b. trial motion c. posttrial motion d. discovery motion

a. pretrial motion

The authority that a court has to hear a particular type of case is known as ___________________. a. subject matter jurisdiction b. personal jurisdiction c. in rem jurisdiction d. quasi in rem jurisdiction

a. subject matter jurisdiction

A three-judge panel is usually found in _______________. a. U.S. district courts b. U.S. courts of appeals c. U.S. Supreme Court d. all of the above

b. U.S. courts of appeals

Laws containing the methods used to enforce our rights or to obtain redress for the violation of our rights are known as _________________. a. substantive laws b. procedural laws c. civil laws d. criminal laws

b. procedural laws

An evidence log _____________________. a. is usually kept by the parties themselves b. records the chain of possession of a piece of evidence c. is only kept for written documents that will be introduced as evidence at trial d. contains a record of all dates of medical treatment

b. records the chain of possession of a piece of evidence

A form that 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 ______________________. a. release b. retainer agreement c. authorization d. evidence log

b. retainer agreement

Claim statutes commonly apply when _________________________. a. a lawsuit results from an automobile accident b. the defendant in a lawsuit is a governmental entity c. the plaintiff in a lawsuit is a governmental entity d. both b and c are present

b. the defendant in a lawsuit is a governmental entity

A state always has jurisdiction over a defendant in a lawsuit if ________________________. a. the defendant is a U.S. citizen b. the defendant is a citizen of that state c. the plaintiff sustained injuries or damages within the state d. both b and c

b. the defendant is a citizen of that state

How is evidence in the possession or control of the opposing party normally obtained? a. with a properly executed authorization b. through the proper discovery process c. with a letter from the attorney d. such evidence cannot be obtained

b. through the proper discovery process

Funds belonging to a client should be kept ________________. a. in the law firm's general account b. in the attorney's personal account c. in the law firm's trust account d. either a or c

c. in the law firm's trust account

Technical rules regarding form and content of pleadings are often found in _______________. a. case law b. form books c. local rules of court d. state constitutions

c. local rules of court

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 a/an _____________________. a. motion for summary judgment b. motion to strike the pleadings c. motion for judgment on the pleadings d. motion for more definite statement

c. motion for judgment on the pleadings

The party making a motion is known as the __________________. a. plaintiff b. defendant c. moving party d. responding party

c. moving party

To request a hearing in the Supreme Court, a party generally files a/an _______________. a. complaint b. brief c. petition for writ of certiorari d. memorandum of points and authorities

c. petition for writ of certiorari

A response to a counterclaim is known as a/an ___________________. a. answer b. response c. reply d. affirmative defense

c. reply

Service of a complaint and summons on a corporation is accomplished by _____________________. a. serving any director of the corporation b. serving any employee of the corporation c. serving the agent for service of process d. both a and c

c. serving the agent for service of process

Leading questions during an interview ______________________. a. call for the opinion of the witness b. are a good method of obtaining needed information c. should probably be avoided d. call for a narrative response

c. should probably be avoided

A contingent fee arrangement means that __________________________. a. the attorney bills for each hour spent on the case b. the attorney has accepted a fixed sum to handle the case c. the attorney will take a percentage of the recovery as the fee d. the attorney will recover the fee from the defendant

c. the attorney will take a percentage of the recovery as the fee

Knowing the elements of a cause of action in a case enables the paralegal to ____________________. a. gather appropriate evidence b. assist in conducting relevant discovery c. draft and review pleadings d. do all of the above

d. do all of the above

A plaintiff is usually allowed to amend a complaint _________________. a. at any time by simply filing an amended complaint b. only as long as the defendant has not filed an answer c. only if the plaintiff has obtained a prior court order d. if all other parties have stipulated in writing that the complaint can be amended

d. if all other parties have stipulated in writing that the complaint can be amended

An expert witness _____________________. a. must have special education, experience, and expertise b. can give opinion testimony c. is paid for testifying in court d. is all of the above

d. is all of the above

The existence of a cause of action ____________________. a. is necessary to a lawsuit b. is related to the law governing a particular case c. is related to the facts of a particular case d. is all of the above

d. is all of the above

Courts use the Internet __________________. a. to allow filing of court documents b. to post tentative rulings in motions c. to make local rules of court available to attorneys d. all of the above

d. all of the above

Keeping an accurate and complete client list is important so that the law firm can ______________________. a. send out notices when attorneys enter or leave the law firm b. determine and avoid conflicts of interest c. send regular accountings of all trust monies to clients d. all of the above

d. all of the above

Papers filed in court in support of a motion _______________________. a. are not technically considered pleadings, but resemble pleadings in general format b. are pleadings and must follow all requirements for pleadings c. are served in the same manner as a complaint d. are not considered pleadings and do not resemble pleadings in general format

a. are not technically considered pleadings, but resemble pleadings in general format

The part of a complaint or petition that identifies the parties to the lawsuit is known as the _________________. a. caption b. allegations c. prayer d. subscription

a. caption

A tickler system is ______________________. a. a computerized system to keep track of potential conflicts of interest b. a calendaring system c. a complete list of current and past defendants d. both a and c

b. a calendaring system

A five-year-old child cannot maintain a lawsuit in his own name because _____________________________. a. the child is not a real party in interest b. a child lacks capacity to sue c. a child does not have status to sue d. of all of the above

b. a child lacks capacity to sue

A type of answer that challenges all of the allegations in a complaint is ___________________. a. a specific denial b. a general denial c. a qualified denial d. all of the above

b. a general denial

If a complaint in a federal court action is vague and ambiguous, the defendant should file ___________________. a. a general denial b. a motion for a more definite statement c. a demurrer d. any of the above

b. a motion for a more definite statement

Subject matter jurisdiction in federal court can be challenged by ___________________. a. a motion to quash the service of summons b. a motion to dismiss c. a demurrer d. all of the above

b. a motion to dismiss

The decision from the court on a motion is known as _____________________. a. a judgment b. an order c. a ruling d. any of the above

b. an order

A pleading filed by a defendant denying that the plaintiff is entitled to any relief is known as the _____________. a. petition b. answer c. complaint d. summons

b. answer

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 ________________________________. a. compensatory damages b. punitive damages c. equitable relief d. declarative relief

c. equitable relief

Authentication refers to _________________________. a. complying with the best evidence rule b. avoiding hearsay c. establishing that a document is what it purports to be d. all of the above

c. establishing that a document is what it purports to be

The U.S. Supreme Court can hear appeals from State Courts _____________________. a. as long as a state supreme court has already heard the case. b. if the state supreme court refuses to hear the case. c. if a federal or constitutional issue exists. d. all of the above.

c. if a federal or constitutional issue exists.

Which of the following could not be resolved through civil litigation? a. a real estate problem b. a contract dispute c. the commission of a murder d. a dispute over injuries resulting from an automobile accident

c. the commission of a murder

Which of the following never starts the running of a statute of limitations? a. the date a wrongful act occurs b. the date the plaintiff discovers a wrongful act c. the date the plaintiff retains an attorney d. all of the above

c. the date the plaintiff retains an attorney

Before filing a complaint electronically in federal court, which of the following is not required? a. the filing attorney must register with PACER and CM/ECF and obtain a special log-on password b. the complaint must be prepared in a PDF format c. the filing attorney must have the written consent of the defendant d. payment of filing fees must be arranged

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

The name and address of an agent for service of process for a corporation can usually be obtained from ____________________. a. the court in which the action is pending b. the recorder's office c. the secretary of state's office d. all of the above

c. the secretary of state's office

An express statement under penalty of perjury that the contents of a document are true is known as a/an ____________________. a. allegation b. contention c. verification d. subscription

c. verification

In a federal case, trials generally occur in _______________. a. the district court b. the courts of appeal c. the Supreme Court d. all of the above

a. the district court

The document entitled "motion" ____________________________. a. notifies the opposing party of the time and place of the hearing on the motion b. describes the nature of the motion, the grounds for the motion, and the relief requested c. describes the factual basis for the motion d. describes the legal basis for the motion

b. describes the nature of the motion, the grounds for the motion, and the relief requested

Which of the following is not an exception to the hearsay rule? a. excited utterance b. electronically stored information c. business records d. statements against interest

b. electronically stored information

A default judgment against a defendant can be set aside _______________________. a. automatically if the defendant files an affidavit within one year showing that the default judgment was entered because of mistake, inadvertence, or excusable neglect b. if the plaintiff stipulates that it may be set aside c. only if the defendant makes a motion to set aside the default d. only if the defendant was a minor, incompetent, or in the military at the time the default judgment was entered

b. if the plaintiff stipulates that it may be set aside

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/an ________________________. a. motion for new trial b. motion for judgment notwithstanding the verdict c. motion for directed verdict d. motion in limine

b. motion for judgment notwithstanding the verdict

Law books that contain the actual law itself are referred to as _____________. a. form books b. primary sources c. secondary sources d. legal encyclopedias

b. primary sources

The role of the appellate court includes _____________________________. a. determining the credibility of witnesses at the trial level. b. reevaluating the factual determinations made by the trial court. c. determining if any legal errors occurred at the trial level. d. hearing testimony from important witnesses.

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

A motion to dismiss filed in a federal action can challenge _________________________. a. personal jurisdiction b. subject matter jurisdiction c. venue d. all of the above

d. all of the above

Facts regarding a potential lawsuit are normally derived from _________________. a. the client b. other witnesses c. documents d. all of the above

d. all of the above

The primary source of the law is found in _____________. a. codes b. case reporters c. constitutions d. all of the above

d. all of the above

Which of the following is generally required for a motion? a. notice of hearing on the motion b. affidavit or declaration in support of the motion c. memorandum of points and authorities d. all of the above

d. all of the above

Which of the following skills are needed by paralegals? a. ability to communicate orally and in writing b. organizational and analytical skills c. computer literacy d. all of the above.

d. all of the above

An affidavit _____________________. a. is a statement under penalty of perjury, sworn to before a notary or other person authorized to administer an oath b. describes the factual basis for making a motion c. describes the factual basis for opposing a motion d. any of the above

d. any of the above

Motions are usually made ___________________________. a. during the pretrial stage of litigation b. during the trial c. after the trial d. any of the above

d. any of the above

Which of the following cannot be done by a paralegal? a. interviewing clients b. researching law c. drafting pleadings d. asking questions at a deposition

d. asking questions at a deposition

Which of the following is not an alternative to litigation? a. settlement b. mediation c. arbitration d. discovery

d. discovery