Civil Litigation T/F
Although the confessor-penitent privilege belongs to the penitent, the law also protects a clergy member who has taken a religious oath not to reveal the content of counseling sessions.
True
An effective way to videotape a deposition involves the use of two cameras, one focused on the witness and the other on the questioning attorney.
True
At the initial client interview, authorization to obtain medical and employment information regarding the client should be signed and dated by the client
True
The most common method of resolving civil disputes is settlement and not jury trial.
True
When parties in a lawsuit are required to be joined, they are sometimes referred to as indispensable parties.
True
A physical or mental examination is the examination of a party in a lawsuit to determine factual information about the physical or mental condition of that party.
True
A statement that has been admitted is called a judicial admission.
True
A third-part complaint, unlike the cross-claim and counterclaim, is a separate pleading.
True
A video conference permits several individuals at widely separated geographical locations to discuss the planning of the case.
True
All complaints filed in federal court must expressly state a cause of action.
True
All the interrogatories sent to a party at one time constitute a set.
True
An attorney is permitted to ask the deponent questions in a deposition that could not be asked at trial because these questions could seek admissible evidence.
True
An efficient tickler system is essential for keeping track of time limitations on cases.
True
An order shortening time is often the result of an ex parte motion.
True
The court will decide that good cause exists to order a physical or mental examination only if the same information cannot be found in any other way.
True
The federal rules require sequential numbering throughout all sets of interrogatories.
True
The fee arrangement between a client and an attorney should be settled and put in writing at the initial client interview.
True
The physical and mental examinations invade the privacy of the person submitting to the examination.
True
The request for admissions may be used to authenticate the genuineness of a document.
True
A complaint and summons in a federal action can usually be served by the plaintiff, a licensed process server, or by the U.S. Marshall.
False
A copy of the answer must be personally served on the plaintiff.
False
A court of appellate jurisdiction is a court where the case begins and is tried.
False
A litigation paralegal often appears in court, arguing cases.
False
A paralegal's understanding of the elements of a cause of action in any particular caes is relatively unimportant.
False
An affidavit in support of a motion is always made by the moving party or the attorney for the moving party.
False
An attorney can commingle his own personal assets with property belonging to a client as long as the attorney keeps accurate records.
False
The doctrine known as laches requires plaintiffs to present written claims to defendants prior to filing lawsuits.
False
The hearing on a motion can be handled by a paralegal.
False
The majority of physical and mental examinations cannot be scheduled by the mutual agreement of the attorneys for the parties.
False
The request for admissions is limited to facts and opinions.
False
The request of a physical or mental examination may not be made if the party who is to undergo the examination is a minor in the custody of a parent or a legally, incapacitated person under the legal control of a guardian.
False
Trial courts within state court systems are all referred to as district courts.
False
Venue is a type of jurisdiction.
False
Within the federal court system, a separate appellate court district exists for each of the 50 states.
False
Within the federal court system, trial courts are called superior courts.
False
A cause of action is a legally recognized right to relief.
True
A cross-claim is generally allowed when a claim by one defendant against another named defendant arises out of the same transaction or occurance that is the subject matter of the complaint.
True
A declaration is a statement under penalty of perjury, not sworn to before a notary.
True
A deposition does not ensure that a deponent will tell the same story at trial.
True
Continuing legal education is important for a litigation paralegal.
True
Copies of a client's medical records can be obtained with a written release signed by the client.
True
Courts generally permit parties against who a default judgment was entered to petition the court to set it aside.
True
Courts generally take a liberal attitude in determining the legal sufficiency of pleadings.
True
Demeanor refers to the appearance of a witness and is an important factor in determining the credibility of a witness.
True
Discovery is the legal process by which the parties to a lawsuit search for relevant facts.
True
In some states the initial pleading in a lawsuit is called a petition, instead of a complaint.
True
Interrogatories are best used at an early stage in the discovery process to help an attorney determine what documents are available for a later document production request.
True
Interrogatories may be used only between parties.
True
Motion practice is often the subject of local rules of court, both in federal and state courts.
True
Sanctions imposed for making a frivolous motion usually take the form of an award of attorney fees.
True
Service of moving papers in support of a motion could be evidenced by an Affidavit of Service.
True
Stevens, a citizen of the state of Oklahoma, was involved in an automobile accident with Jackson, a citizen of the state of Alabama. Stevens is injured and wishes to sue. If the accident happened in Alabama, and Stevens's damages exceed $75,000, the state courts of Alabama and the federal court have concurrent jurisdiction.
True
Stevens, a citizen of the state of Oklahoma, was involved in an automobile accident with Jackson, a citizen of the state of Alabama. Stevens is injured and wishes to sue. If the accident happened in Alabama, the state courts of Alabama would have jurisdiction, even though Stevens is not a citizen of that state
True
The request for admissions relates only to parties in the lawsuit.
True
The research for a memorandum of points and authorities is sometimes done by a paralegal.
True
The rules of civil procedure differ substantially from the rules of criminal procedure.
True
There is no limit on the number of requests for admissions that can be filed under the Federal Rules of Civil Procedure.
True
Three types of deposition summarires are the page-line, topical, and chronological.
True
Under the Federal Rules of Civil Procedure, a moving party is required to give 14 days notice of the hearing on a motion.
True
Unless a party delivers a written denial or a detailed reason why that party cannot admit or deny a statement, the statement is deemed admitted.
True
A party has thirty days to answer interrogatories.
True
Case law, the opinions of judges in past cases, has little, if any, relevance to civil procedure.
False
Documents in the possession of a party's tax consultant do not have to be produced.
False
Documents may not be produced in lieu of answering a particular interrogatory.
False
During the discovery stage it is important for the paralegal to understand that the term computer includes desktop PC's but does not include such portable devices as laptops, mobile phones, and PDAs.
False
E-evidence includes most computer generated records but excludes e-mail files.
False
Identity of expert witnesses can only be obtained through the use of interrogatories.
False
If a defendant in a lawsuit fails to object to the subject matter jurisdiction of the court prior to the filing of an answer, the defendant loses the right to object thereafter.
False
In federal court, there is a limit to the nmber of requests that can be filed.
False
Interrogatories addressed to a corporation may be answered only by an officer of the corporation.
False
Interrogatories may not be used to impeach a witness at the time of trial.
False
Lancaster purchased a rental property for $45,000 and leased it to Smith Juvenile Services, Inc., a private firm that uses the property as a halfway house. Lancaster alleges that the terms of the lease have been repeatedly violated by Smith and has brought suit against the firm for breach of contract. Blackwell runs Smith Juvenile Services, Inc., but is not present at the halfway house for its day-to-day operations. Jameson is an employee of the halfway house. Only one set of interrogatories may be sent to Lancaster
False
Litigation paralegals need not be concerned with ethical problems, since various canons of ethics and rules of professional conduct apply only to attorneys
False
Most aspects of civil litigation occur in the courtroom such as the exchange of discovery materials and depositions.
False
Multiple sets of interrogatories cannot be served on the parties to a lawsuit.
False
Once a complaint and summons have been served on the defendant, settlement negotiations must stop.
False
Only original documents can be produced.
False
Rules and procedures of civil litigation are consistent from state to state, just like traffic laws and gun laws.
False
Stevens, a citizen of the state of Oklahoma, was involved in an automobile accident with Jackson, a citizen of the state of Alabama. Stevens is injured and wishes to sue. If the accident happened in Alabama, the state courts of Oklahoma would have jurisdiction to hear the case.
False
Stevens, a citizen of the state of Oklahoma, was involved in an automobile accident with Jackson, a citizen of the state of Alabama. Stevens is injured and wishes to sue. If the accident happened in Oklahoma, the state courts of Oklahoma could not exercise personal jurisdiction over Jackson because he is not a citizen of that state.
False
A well-written complaint will have statements showing the Court's jurisdiction and venue.
True
A paralegal should make certain that a written statement from a witness be thorough and complete, as it will probably be introduced as evidence at any trial if the witness is unavailable.
False
A party can refuse to respond to a request for admissions simply because the party lacks teh information needed to make the response.
False
A request for a mental examination would be granted if neither mental nor emotional injuries have been alleged.
False
A request for admissions can be ignored or overlooked.
False
A summons is a court order directing a defendant to appear personally in court.
False
All allegations in a counterclaim, cross-claim or third-party complaint are deemed denied and need not be responded to.
False
All complaints contain a verification.
False
All complaints must be personally served on the defendant.
False
All documents filed in court are known as pleadings.
False
All federal lawsuits must be filed within one year of the date the cause of action arises.
False
All motions are specifically described by statute.
False
An interview between a paralegal and a witness in a case should always be tape recorded, whether the witness agrees to be recorded or not.
False
The attorney may not ask the deponent questions that could reasonably lead to the discovery of admissible evidence.
False
The best expert for a case is one who has often testified in court.
False
The work product privilege is an absolute privilege and precludes production of documents in that category.
False
There is no way to legally force someone to bring documents to his or her deposition.
False
Charter Air has filed suit against the Jackson Municipal Airport Board, citing the board's refusal to grant additional gates. Charter claims that Metro Airways has fewer flights originating or terminating at the Jackson Municipal Airport, yet Metro has two more gate spaces than Charter. Charter does not name Metro as a party to the lawsuit. Secrecy of the competing airlines is ensured by a protective order or a confidentiality order.
True
Documents reflecting communications to and from both inside and outside counsel are afforded the attorney-client privilege.
True
Each element of a cause of action must be proven at trial in order for the plaintiff to prevail.
True
Pleadings are filed in a trial court.
True
Properly drafted interrogatories can help narrow the issues and the facts in preparation for trial.
True
Punitive damages are also referred to as exemplary damages.
True
Residents of a district can be subpoenaed to appear at a deposition in the county where they reside, work, or transact business.
True
Rule 34 of the Federal Rules of Civil Procedure authorizes serving a formal request for document production for items exempted by Rule 26.
True
Sanctions for failure to comply with discovery requests are permitted against either or both the attorney and the client
True
The Federal Rules of Civil Procedure give the trial judge total discretion to decide if the party seeking a physical or mental examination has good cause for the request and whether the examination involves a condition in controversy.
True
The Federal Rules of Civil Procedure limit the amount of time that can be spent on a single deposition to a single day and a maximum of seven hours.
True
The USA PATRIOT Act includes provisions that extend the power of federal law enforcement agencies to conduct surveillance by intercepting wire, voice, and electronic communication transmissions.
True
Arbitration is a form of settlement, used to avoid jury trials.
True
A paralegal plays an insignificant role in the initial client interview.
False
Because of the conflict of interest, a law firm can never sue a party whom it has previously represented.
False
Before proceeding with a case, the court must have either subject matter or personal jurisdiction.
False
The client is not involved in the production of documents.
False
A nonparty may be required to produce documents at his or her deposition.
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 the attorney is present at the deposition to protect the interests of the client who is being deposed, the attorney is said to be defending the deposition.
True
If the defendant has an affirmative defense to a claim, it must be alleged in the answer or it may be deemed waived.
True
If, after an order compelling cooperation is issued, a party still refuses to comply, the court can levy certain sanctions against the noncomplying party
True
In a document request the following forms of e-evidence are discoverable: data stored in laptops, desktop pc's, PDAs, hard drives, mobile phones, fax recording devices, floppy disks, computer tapes, and CD's.
True
In a federal court action, a general denial challenges the subject matter jurisdiction of the court.
True
In federal court, a stipulation enlarging time in which to respond to a complaint must be approved by the court.
True
Interrogatories that identify contentions are permissible under the federal rules.
True
Litigation paralegals often rely on form books and forms files.
True
Notice is a formal written notification to the person to be examined and to the other parties.
True
One of the primary objectives of discovery is to prevent one of the parties from winning the lawsuit by surprise or trickery.
True
One primary disadvantage of the oral deposition is that it is inconvenient.
True
One reason the law allows physical and mental examinations is to establish the truth about the plaintiff's allegation s of physical or mental injuries.
True
Paralegals are sometimes required to interview witnesses who have information concerning a lawsuit.
True
Paralegals are sometimes required to locate witnesses who have information concerning a lawsuit.
True
Permitting physical and mental examinations discourages the filing of false or exaggerated claims.
True
