1200 Civil Lit Quiz 1

Before proceeding with a case, the court must have either subject matter or personal jurisdiction

True

The authority that a court has to hear a particular type of case is known as ____ jurisdiction

subject matter

Jurisdiction based on diversity of citizenship requires that if money damages are requested, the amount in dispute must exceed

$75,000

An appellate court's role is to determine if any _____ errors occurred in the trial court

legal

A court where a case begins and is tried is a court of ____ jurisdiction

original

An efficient tickler system is essential for keeping track of time limitations on cases

true

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

Woo buys a new automobile. While driving the car home from the dealership, the brakes fail, and the car crashes. Woo is seriously injured. He retains the law firm of Kraft and Molina, and they file a lawsuit claiming damages for these injuries. Brady works as a paralegal in that law firm. Before filing a lawsuit, parties are required to arbitrate their dispute.

False

A secondary source that is heavily relied upon by litigation attorneys and paralegals in drafting documents in the ____

Form books

The US Supreme Court can hear appeals from state courts

If a federal or constitutional issue exists

Paralegals cannot give ____ advice to parties

Legal

To request a hearing in the Supreme Court, a party generally files a

Petition for writ of certiori

Law books that contain the actual law itself are referred to as

Primary sources

Laws containing the methods used to enforce our rights or to obtain redress for the violation of our rights are known as ____ laws.

Procedural

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

Property

The power that a court has to hear a particular case is known as _____ jurisdiction

Subject matter

A law that creates, defines, or explains an individual's rights is known as

Substantive law

What can NOT be resolved through civil litigation?

The commission of a murder

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 a ____ court

Trial

Unless a case is settled, litigation results in a ____, where parties present their evidence to a judge or jury

Trial

A cause of action is a legally recognized right to relief

True

Litigation usually begins in a trial court

True

Pleadings are filed in a trial court

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 Steven'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

Which of the following CANNOT be done by a paralegal?

Asking questions at a deposition

In order to invoke quasi in rem jurisdiction, the defendant's property must be brought before the court in a(n) ____ proceeding.

Attachment

A court of appellate jurisdiction is a court where the case begins and is tried

False

Laws that deal with private disputes between parties are known as ____ laws.

Civil

Litigation formally begins when a plaintiff files in court a written document known as a:

Complaint

The process of civil litigation formally begins when one party files a(n)

Complaint

The primary source of law is found in

Constitutions

In a federal case, trials generally occur in the

Court of appeals

If a defendant ignores a complaint and files no responsive papers, the defendant ______

Defaults

The role of the appellate court includes...

Determining if any legal errors occurred at the trial level

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

What is NOT an alternative to litigation?

Discovery

Proper venue in a federal action based on diversity of citizenship can be determined by ___

Either the defendant's residence or the place where the cause of action arose

A pleading filed by a defendant denying that the plaintiff is entitled to any relief is known as the

Answer

What skills are needed by paralegals?

-An ability to communicate orally and in writing -Technology expertise -Organizational and analytical skills

Courts use the internet to.....

-allow filing of court documents -make local rules of court available to attorneys -post tentative rulings in motions

The phrase _____ applies to the many procedures used by parties in an attempt to avoid litigation.

ADR Alternative Dispute Resolution

When an appellate court agrees with a lower court's decision, the court ____ the case

Affirms

Cloud computing refers to

An electronic filing system

Another term for supplemental jurisdiction of the federal courts is ____ jurisdiction

Ancillary

A defendant often challenges the factual allegations of a complaint with an _____

Answer

Rules of multi-jurisdictional litigation allow cases to be tried in any federal district court in which any party has filed a lawsuit

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 Alabama and Oklahoma have concurrent jurisdiction.

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 the state.

False

T/F A litigation paralegal often appears in court

False

T/F Case law has little, if any, relevance to the law of civil procedure

False

Woo buys a new automobile. While driving the car home from the dealership, the brakes fail, and the car crashes. Woo is seriously injured. He retains the law firm of Kraft and Molina, and they file a lawsuit claiming damages for these injuries. Brady works as a paralegal in that law firm. Brady is allowed to interview witnesses to the accident.

True

A three-judge panel is usually found in

US court of appeals

T/F Arbitration is a form of settlement

True

T/F Case management software allows attorneys to organize and summarize extensive discovery

True

T/F In some instances the first pleading filed in a lawsuit is called a petition

True

T/F The most common method of resolving civil disputes is settlement

True

T/F The rules of civil procedure differ substantially from the rules of criminal procedure

True

The US Supreme Court has original jurisdiction for some matters

True

T/F Most aspects of civil litigation occur in the courtroom

False

T/F Rules and procedure of civil litigation are the same from state to state

False

For diversity purposes, a corporation's principle place of business is the state of incorporation, or its "nerve center," the place where corporate officers direct and control the corporation's activities

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

All federal lawsuits must be filed within one year of the date the cause of action arises

False

The doctrine known as laches requires plaintiffs to present written claims to defendants prior to filing lawsuits

False

Woo buys a new automobile. While driving the car home from the dealership, the brakes fail, and the car crashes. Woo is seriously injured. He retains the law firm of Kraft and Molina, and they file a lawsuit claiming damages for these injuries. Brady works as a paralegal in that law firm. This is a criminal case.

False

Woo buys a new automobile. While driving the car home from the dealership, the brakes fail, and the car crashes. Woo is seriously injured. He retains the law firm of Kraft and Molina, and they file a lawsuit claiming damages for these injuries. Brady works as a paralegal in that law firm. In the lawsuit, Kraft and Molina are the plaintiffs.

False

Litigation paralegals often rely on form books and form files

True

Woo buys a new automobile. While driving the car home from the dealership, the brakes fail, and the car crashes. Woo is seriously injured. He retains the law firm of Kraft and Molina, and they file a lawsuit claiming damages for these injuries. Brady works as a paralegal in that law firm. Brady is allowed to prepare a draft of the complaint to be filed in the action.

True

Trial courts in the federal system are known as _____

district courts

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

remands