Civ Pro Mid Term

A rule of law that allows the trier of fact to draw an inference that because one fact has been established by traditional evidence another fact also exists as a

presumption

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

primary sources

As soon as an attorney learns that his or her client might be sued, the attorney should advise the client to preserve all documents related to the suit. This is known as a

litigation hold

In a personal injury case, a client might be asked to keep a ___________, a document in which the client keeps track of medical treatment, daily health complaints, amounts of medication, and related medical information

medical diary

A state always has jurisdiction over a defendant in a lawsuit if ________.

the defendant is a citizen of that state

Funds belonging to a client should be kept .

the law firm's trust account

the real party/parties in interest for a partnership is/are _________.

the partners

The name and address of an agent for service of process for a corporation can usually be obtained from ________.

the secretary of state's office

T or F courts generally permit parties against whom a default judgment was entered to petition the court to set it aside if they have a legitimate reason

true

T or F courts generally take a liberal attitude in determining the legal sufficiency of pleadings

true

T or F demeanor refers to the appearance of a witness and is an important factor in determining the credibility of that witness

true

T or F if the accident happened in Alabama, the parties are completely diverse, and Steven's damages exceed $75,000, the state courts of Alabama and the federal court have concurrent jurisdiction

true

T or F litigation paralegals often rely on form books and forms files

true

T or F pleadings are filed in trial court

true

T or F punitive damages are also referred to as exemplary damages

true

T or F the US Supreme Court has original jurisdiction for some matters

true

T or F the fee arrangement between a client and an attorney should be settled in put in writing at the initial client interview

true

T or F the most common method of resolving civil disputes is settlement

true

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

$75,000

If a defendant has not waived service of process under Rule 4 and the party is not the US government or a federal agency, that defendant has _______ days in which to respond to the complaint

21

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

Answer

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

Complaint

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

Either the defendants residence or the place where the cause of action arose

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

original

to find information about court files in a federal court, a party should access the electronic system known as

PACER

T or F arbitration is a form of settlement

False

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

False

T or F if Berkshire is given the names of potential witnesses, but not their addresses or telephone numbers, he should not waste any time trying to find that information. His time would be better spent researching the law of the case and finding an expert who is knowledgeable about mesothelioma

False

T or F venue is a type of jurisdiction

False

T or F within the federal court system a separate appellate court district exists for each of the 50 states

False

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

Procedural laws

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 individuals rights is known as ___________

Substantive law

Which of the following cannot be resolved through civil litigation

The commission of a murder

Which of the following never starts the running of a statute of limitations

The date the plaintiff retains an attorney

Which of the following never starts the running of a statute of limitations?

The date the plaintiff retains an attorney

How is evidence in the possession or control of the opposing party normally obtained?

Through the proper discovery process

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

True

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

True

T or F case management software allows attorneys to organize and summarize extensive discovery

True

T or F for diversity purposes a corporation's principal place of business is the state of incorporation or it's "nerve center," the place where corporate officers direct and control the corporation's activities

True

T or F litigation usually begins in a trial court

True

T or F statutes allowing states to exercise jurisdiction over non-resident defendants are known as long arm statutes

True

T or F the rules of civil procedure differ substantially from the rules of criminal procedure

True

a three judge panel is usually found in

US Court of Appeals

Paralegals who provide legal advice to clients violate the ethical rule prohibiting the

Unauthorized practice of law

A tickler system is

a calendaring system

a default judgment against a defendant can be set aside if 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

which of the following skills are needed by paralegals?

ability to communicate orally and in writing organizational and analytical skills computer literacy

when an appellate court agrees with a lower court's decision, the court _________ the case

affirms

a motion to dismiss filed in a federal action can challenge

all of the above

all complaints contain ___________, which are statements describing the contentions and defenses of the parties to the lawsuit

allegations

the phrase _________ applies to the many procedures used by parties in an attempt to avoid litigation

alternative dispute resolution

a stipulation extending time to respond should be signed

by the attorneys for plaintiff and defendant

The part of a complaint or petition that identifies the parties to the lawsuit is known as the ________.

caption

__________ evidence is evidence that is not based on personal observation but that does lead a judge or jury to infer a particular conclusion about a disputed fact.

circumstantial

laws that deal with private disputes between parties are known ________ laws.

civil

In lieu of statutes of limitations, lawsuits against governmental entities must meet time requirements found in ________ statutes.

claim

if an attorney decides not to take a case, that attorney should always ___________.

clearly communicate that fact to the concerned individual

The primary source of the law is found in __________.

codes case reporters constitutions

Litigation formally begins when a plaintiff files in court a written document known as a(n) ________.

complaint

counter claims that must be asserted or lost are known as

compulsory counterclaims

A claim by a defendant against a plaintiff in a federal court action is known as a ________.

counterclaim

when a plaintiff has multiple claims against a defendant, the resulting lawsuit may contain numerous causes of action or _________.

counts

An evidence log enables you to maintain an accurate record of physical evidence, including any transfer of _________.

custody

If a defendant fails to answer a complaint, upon the request of the plaintiff's attorney, the court will enter a

default

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

defaults

Keeping an accurate and complete client list is important so that the law firm can ___________.

determine and avoid conflicts of interest

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

which of the following is not an alternative to litigation

discovery

The trial courts of the federal system are known as ________ courts.

district

T or F All allegations in a counterclaim, cross-claim, or third-party complaint are deemed denied and need not be responded to

false

T or F All documents filed in court are known as pleadings

false

T or F Before filing a lawsuit, the parties would be required to arbitrate their dispute

false

T or F Fenton is asked to do some investigation regarding this case. Fenton telephones DiSalvo,without the knowledge or consent of DiSalvo's attorneys, and he asks DiSalvo questions about the case. As long as Fenton is properly identified as a paralegal working for Kramer, this conduct on the part of Fenton is permissible.

false

T or F Paralegals are not allowed to interview witnesses because of the ethical restriction on the unauthorized practice of law

false

T or F a copy of the answer must be personally served on the plaintiff

false

T or F a court of appellate jurisdiction is a court where the case begins and is tried

false

T or F a litigation paralegal often appears in court

false

T or F a paralegal plays an insignificant role in the initial client interview

false

T or F a summons is a court order directing a defendant to appear personally in court

false

The phrase "doing business as" refers to a business that uses a

fictitious name

a secondary source that is heavily relied upon by litigation attorneys and paralegals in drafting documents is the ________.

form book

the US Supreme Court can hear appeals from state courts

if a federal or constitutional issue exists

an evidence log

records the chain of possession of a piece of evidence

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

remands

Written fee agreements are often called _________ agreements

retainer

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

retainer agreement

Courts use the Internet

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

Factual disputes are generally resolved in a(n) ________ court.

trial court

T or F An attorney or paralegal should not make direct contact with an opposing party who is represented by an attorney

true

T or F Cloud computing creates ethical questions related to client confidentiality

true

T or F a third-party complaint, unlike the cross-claim and counterclaim, is separate pleading

true

T or F copies of a clients medical record can be obtained with a written release signed by the client

true

Client funds must always be kept in the attorney's ________ account.

trust

an express statement under penalty of perjury that the contents of a document are true is known as a

verification

An appellate courts role is to determine if any __________ errors occurred in the trial court

legal

Paralegals cannot give ________ advice to parties.

legal

T or F If Berkshire is given the names of potential witnesses, but not their addresses or telephone numbers, he should not waste any time trying to find that information. His time would be better spent researching the law of the case and finding an expert who is knowledgeable about mesothelioma.

False

T or F Paralegals are not allowed to interview witnesses because of the ethical restriction on the unauthorized practice of law.

False

T or F Rules and procedures of civil litigation are the same from state to state

False

T or F Trial courts within state court systems are all referred to as district courts

False

T or F an attorney can commingle his own personal assets with property belonging to a client as long as the attorney keeps an accurate record

False

T or F assume that Fenton once worked for the law firm of Ogawa and Robles, although he never worked on any cases involving DiSalvo. This would create a conflict of interest and Fenton should not be allowed to work on the Kramer case

False

T or F case law has little if any relevance to the law of civil procedure

False

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

The process of creating a database of numerous documents searchable with relevant fields is known as _________.

document coding

In a federal case, trials generally occur in the ________.

district court

Knowing the elements of a cause of action in a case enables the paralegal to .

do all of the above

When a complaint is filed, the court assigns a ___________ number

docket

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

Which of the following is not an exception to the hearsay rule

electronically stored information

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

T or F all complaints contain a verification

false

T or F all federal lawsuits must be filed within one year of the date the cause of action arises

false

T or F 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

T or F authentication is not a problem in the admissibility of electronically stored information

false

T or F before proceeding with a case, the court must have either subject matter or personal jurisdiction

false

T or F complaints filed in federal court typically do not need to state a cause of action

false

T or F if a defendant in a lawsuit fails to object to the subject matter jurisdiction of the court prior to filing an answer, the defendant loses the right to object thereafter

false

T or F litigation paralegals need not be concerned with ethical problems, because various canons of ethics and rules of professional conduct apply only to attorneys

false

a plaintiff is usually allowed to amend a complaint ___________.

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

An expert witness

is all of the above

the existence of a cause of action

is all of the above

Time limitations in equitable cases are often affected by the principle of ________, which is based on the concept of fairness

laches

Both NALA and NFPA have developed ethical guidelines to govern

paralegals

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

pendent or ancillary

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

petition for writ of certiorari

An individual appointed by a corporation to accept service of papers in a lawsuit is the agent for ________.

service of process

Service of a complaint and summons on a corporation is accomplished by _________.

serving the agent for service of process

cloud computing refers to

storage of documents on the Internet

the authority that a court has to hear a particular type of case is known as

subject matter jurisdiction

the attorney's signature at the end of a complaint is called a

subscription

The document issued by the court clerk at the time of filing a complaint is known as a

summons

A contingent fee arrangement means that

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

Claim statutes commonly apply when

the defendant in a lawsuit is a governmental entity