P1 Civil Litigation Exam

A motion for instructed verdict, also known as a motion for directed verdict, would most likely occur: a) Pre-trial b) After the opposing party rests his case at trial c) After the jury's verdict is returned d) Never

b) After the opposing party rests his case at trial

Basis for a person to bring a lawsuit and to receive relief from a court. a) Venue b) Cause of action c) Petition d) Litigation

b) Cause of action

Hatfield sues three individual defendants: McCoy, Madison, and Moore. In this lawsuit, a claim by Madison against Hatfield would be a: a) Cross-claim b) Counter-claim c) Third-party petition

b) Counter-claim

Grounds upon which the court may grant a new trial include: a) That the verdict was contrary to law b) Excessive or insufficient damage award c) Jury misconduct d) All of the above

d) All of the above

Motions may be made: a) Before trial b) During trial c) After trial d) All of the above

d) All of the above

To assist a plaintiff's personal injury attorney with the first interview of a new client, the litigation paralegal may wish to gather which of the following? a) Medical authorizations for client signature b) Fee agreement for client signature c) Checklist of possible interview questions from an in-house form file or form book d) All of the above

d) All of the above

Under Rule 21a, service of the lawsuit papers other than the citation may be made by: a) Mail b) Fax c) In-person delivery d) Any and all of the above

d) Any and all of the above

Which of the following is not an alternative to civil litigation? a) Settlement b) Mediation c) Arbitration d) Discovery

d) Discovery

Assume that Plaintiff Hatfield faxes a "Request for Disclosure" to Defendant McCoy at 6:00 p.m. on Friday. This request is deemed received on: a) Friday b) Saturday c) Sunday d) Monday

d) Monday

Duty, breach of duty, causation, and damages are the legal elements of the cause of action known as: a) Breach of contract b) Fraud c) Libel d) Negligence

d) Negligence

A command in the form of written process requiring a witness to come to court testify is known as a(n): a) Affidavit b) Verification c) Stipulation d) Subpoena

d) Subpoena

Give one example of a question from a client that calls for legal advice.

-Do I have a good case?

Give an example of why we would need to do research after suit is filed.

-Evidentiary issues

Identify three sources in which paralegals may locate sample forms for drafting civil litigation documents.

-In house -Form books -Friends

Give one example of information in a case that would be discoverable but not admissible at trial.

-Insurance policies -Hearsay evidence

Other than personal service, identify two ways in which a citation may be served on the defendant. Hint: Rules 103, 106, and 109.

-Substituted -Publication

Give two reasons why the study of civil litigation is important to paralegals.

-Understand how to draft documents -Understand the process

What is a "motion" in the context of civil litigation?

A request to the court to make a ruling.

Give one example of a local court rule that could vary from county to county.

Holiday rules

Give one example of information in a case that would not be discoverable.

Privileged information

Which of the following could not be done by a paralegal? a) Asking questions at a deposition b) Interviewing and collecting information from clients c) Drafting pleadings for attorney review and signature d) Researching the law

a) Asking questions at a deposition

The scope of information properly obtainable through discovery is ____________ than the scope of information admissible at trial. a) Broader b) Narrower c) The same as

a) Broader

All answers by defendants contain the following: a) Caption b) Special exceptions c) Affirmative defense d) Specific denial

a) Caption

Two or more courts having the power to adjudicate the same cases. a) Concurrent jurisdiction b) Venue c) In rem jurisdiction d) Peremptory

a) Concurrent jurisdiction

Hatfield sues three individual defendants: McCoy, Madison, and Moore. A claim by Madison against Moore would be a: a) Cross-claim b) Counter-claim c) Third-party petition

a) Cross-claim

The act of depositing a document with a public officer to preserve it as one of the records of his or her office. a) File b) Serve

a) File

The number of interrogatories allowed in a lawsuit is / is not specifically limited by the rules. a) Is b) Is not

a) Is

A party who makes a motion; a moving party. a) Movant b) Deponent c) Appellant d) Plaintiff

a) Movant

To depose a party to the lawsuit, which of the following is required? a) Notice of Intent b) Subpoena c) Both a and b

a) Notice of Intent

A motion in limine would most likely occur: a) Pre-trial b) After then opposing party rests his case at trial c) After the jury's verdict is returned d) Never

a) Pre-trial

A motion for summary judgment is an example of a: a) Pre-trial motion b) Trial motion c) Post-trial motion d) Remedy for failure to respond to discovery

a) Pre-trial motion

Books that contain the actual law (i.e., case reporters, codes, constitutions). a) Primary source b) Secondary source

a) Primary source

A "Rule 11" agreement should be filed with the court to be enforceable. a) True b) False

a) True

Each element of a cause of action must be proven at trial for the plaintiff to prevail. a) True b) False

a) True

The client may need to send a claim letter to the defendant before filing suit. a) True b) False

a) True

Under Rule 176, a paralegal who is over eighteen years of age and not a party to the lawsuit may serve a subpoena. a) True b) False

a) True

Under Rule 191.4, most discovery is not filed with the court. a) True b) False

a) True

Under Rule 193.5, parties have a duty to amend and supplement discovery. a) True b) False

a) True

Under the rules, you could properly serve a motion to compel discovery to opposing counsel by hand-delivery. a) True b) False

a) True

Under Rule 21a, when do we add three days when calculating a response time? a) When served by mail b) When served by fax c) When served by in-person delivery d) Both a and b

a) When served by mail

You assist your attorney to draft a motion to compel discovery and set the motion for hearing. Your attorney's client, Mrs. Johnson, incurs $500 in legal fees. Under Rule 215, may your attorney request reimbursement to Mrs. Johnson for $500 as a sanction in this circumstance? a) Yes b) No

a) Yes

Under Rule 239, the defendant's failure to timely respond to the Plaintiff's Original Petition and citation may result in: a) Default judgment against the plaintiff b) Default judgment against the defendant c) Summary judgment against the plaintiff d) Summary judgment against the defendant

b) Default judgment against the defendant

The appellee: a) Brings an appeal b) Defends an appeal c) Was not a party to the lawsuit at trial d) Is always the same as the plaintiff

b) Defends an appeal

A common reason to propound discovery post-trial is to: a) Obtain privileged information b) Determine the assets owned by the judgment debtor c) Narrow the issues for trial d) None of the above. Discovery is never allowed post-trial.

b) Determine the assets owned by the judgment debtor

Means "of a side," i.e., from one side or by one party. The term refers to an application made to the court by one party without notice to the other party. a) Sanction b) Ex parte c) Remand d) Judgment

b) Ex parte

Under Rule 4, when counting response times under the rules, the date of service should be: a) Included b) Excluded

b) Excluded

Another name for punitive damagesis: a) Compensatory damages b) Exemplary damages c) Liquidated damages d) None of the above

b) Exemplary damages

All motions are specifically governed by statute or court rule. a) True b) False

b) False

All relevant evidence is admissible at trial. a) True b) False

b) False

An appellate court is where a case begins and is tried. a) True b) False

b) False

Compensatory damages and punitive damages are the same thing. a) True b) False

b) False

Hatfield sues McCoy for negligence. Under Rule 103, Hatfield may serve McCoy with citation. a) True b) False

b) False

Most aspects of civil litigation occur in the courtroom. a) True b) False

b) False

Plaintiff Hatfield sues Defendant McCoy. Betty and Wilma are witnesses in the case. Hatfield may serve interrogatories on Wilma. a) True b) False

b) False

Typically, all witnesses remain in the courtroom while each witness testifies during the trial of the case. a) True b) False

b) False

Under Rule 176, a person may be required to travel up to 300 miles from his or her residence in response to a subpoena. a) True b) False

b) False

When drafting the Plaintiff's Original Petition to be filed with the court, the paralegal should fill in the cause number at the top of the page. a) True b) False

b) False

The "hearsay rule" states that hearsay statements are generally as evidence at trial a) Admissible b) Inadmissible

b) Inadmissible

The number of requests for admissions in a lawsuit is / is not specifically limited by the rules. a) Is b) Is not

b) Is not

The number of requests for production of documents in a lawsuit is / is not specifically limited by the rules. a) Is b) Is not

b) Is not

Federal courts are known as courts of jurisdiction. a) General b) Limited

b) Limited

Statutes that allow states to exercise jurisdiction over non-resident defendants are known as: a) Statutes of limitation b) Long-arm statutes c) Venue d) Illegal

b) Long-arm statutes

An application made to a court for the purpose of obtaining an order or ruling directing something to be done in favor of the applicant. a) Cross-claim b) Motion c) Affirmative defense d) Answer

b) Motion

A motion requesting that judgment be entered because there are no disputed factual issues in the case. a) Motion to transfer venue b) Motion for summary judgment c) Motion for default judgment d) Motion for directed verdict e) Motion for protective order

b) Motion for summary judgment

The objective of discovery is to: a) Try the case in advance b) Prevent one party from winning at trial by trickery or surprise c) Conceal facts relevant to the lawsuit d) Force the other side to turn over privileged information

b) Prevent one party from winning at trial by trickery or surprise

Not the law itself, but simply commentary upon or a summary of the law. a) Primary source b) Secondary source

b) Secondary source

Delivery of a summons to the opposite party. a) File b) Serve

b) Serve

Federal and state statutes prescribing the maximum period of time during which various types of civil actions and criminal prosecutions can be brought after the occurrence of the injury or the offense. a) Ex parte b) Statute of limitation c) Motion to compel d) Jurisdiction

b) Statute of limitation

Any agreement, admission, or concession voluntarily made by the parties to a lawsuit. a) Interrogatory b) Stipulation c) Subpoena d) Affidavit

b) Stipulation

Body of the law that determines private rights and liabilities. a) Procedural law b) Substantive law c) Common law d) Court law

b) Substantive law

If the plaintiff serves discovery on the defendant with the Plaintiff's Original Petition and citation, the defendant's response to the discovery is due: a) Within 30 days b) Within 50 days c) On the Monday next following the expiration of 20 days d) Immediately upon the plaintiff's request

b) Within 50 days

Which of the following could not be resolved through civil litigation? a) Breach of a real estate contract b) Negligence action for slip and fall in a grocery store c) Commission of a murder d) A dispute over injuries resulting from an automobile accident

c) Commission of a murder

The means for providing a party, in advance of trial, with access to facts that are within the knowledge of the other side. a) Privilege b) Hearsay c) Discovery d) Pleadings

c) Discovery

A court order that commands or prohibits some act or course of conduct. It is preventive in nature and is a form of equitable relief. a) Authorization b) Judgment c) Injunction d) Deposition

c) Injunction

If the plaintiff serves discovery on the defendant with the Plaintiff's Original Petition and citation, the defendant's response to the petition and citation is due: a) Within 30 days b) Within 50 days c) On the Monday next following the expiration of 20 days d) When requested by the plaintiff

c) On the Monday next following the expiration of 20 days

The jurisdiction a court has over the person of the defendant. a) Concurrent jurisdiction b) Subject matter jurisdiction c) Personal jurisdiction d) In rem jurisdiction

c) Personal jurisdiction

In Texas, "service of process" on the defendant refers to which two documents? a) Complaint and petition b) Complaint and summons c) Petition and citation d) Petition and summons

c) Petition and citation

A person who brings a lawsuit. a) Defendant b) Appellee c) Plaintiff d) Interpleader

c) Plaintiff

Venue concerns: a) The power of the court to hear the case b) The length of the trial c) The location of the trial d) The amount of money in controversy

c) The location of the trial

Voir dire is: a) The plaintiff's opening statement at trial b) Jury instruction following presentation of the evidence c) The process of questioning prospective jurors d) Conducted by the paralegal

c) The process of questioning prospective jurors

Rule 190 allows for how many levels of discovery plans? a) One b) Two c) Three

c) Three

The rules governing litigation in the Texas state courts include which of the following? a) Texas Rules of Civil Procedure b) Texas Rules of Evidence c) Texas Rules of Appellate Procedure d) Local Rules e) All of the above

e) All of the above

Which of the following requires a "certificate of service" at the end of the document? a) Plaintiff's Original Petition b) Defendant's Original Answer c) Motions d) All of the above e) B and C only

e) B and C only

A motion made during discovery asking the court to limit a discovery request. a) Motion to compel b) Motion to transfer venue c) Motion for summary judgment d) Motion for default judgment e) Motion for protective order

e) Motion for protective order

Upon appeal of a case from the trial court, the appellate court: a) Retries the case b) Hears additional witness testimony c) Empanels a jury d) All of the above e) None of the above

e) None of the above