Civil Lit Final Exam

to request a hearing in the supreme court, a party generally files a

petition for writ of certiorari

laws containg the methods used to enfore our rights or to obtain redress for the violation of our rights are known as

procedural laws

the us supreme court can hear appeals from state courts

as long as a state supreme court has already heard the case

a plaintiff is usually allowed to amend a complaint

at any time by simply filing an amended complaint

a defendant often challenges the factual allegations of a complaint with a

answer

a stipulation enlarging time to respond should be signed

by the attornesy for plaintiff and defendant

the part of a complaint or petition that identifies the parties to the lawsuit is known as teh

caption

litigation formally begins when a plaintiff files a written dcoument, known as a

complaint

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

complaint

if a defenat ignores a complaint and files no responsive papers, the defenat

defaults

the role of the appellate court includes

determining if any legal errors occurred at the trial level

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

false

a litigation paralegal often appears in court

false

arbitration is a form of settlement

false

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

false

case law has little, if any, relevance to the law of civil procedure

false

most aspects of civil litigation occur in the courtroom

false

funds belonging to a client should be kept

in the law firm's trust account

an appellate courts frole is to determine if any _____errors occurred in the trail court

legal

an expert witness

must have special education, experience, and expertise, can give opinion testimony, and is paid for testifying in court

a default judgment against a defendant can be set aside

only if the defendant makes a motion to set aside the default

an evidence log

records the chain of possession of a piece of evidence

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

subject matter jurisdiction

The Supreme Court case of Daubert v. Merrell Dow Pharmaceuticals, inc. concerned

the admissibility of scientific evidence

a contingent fee arrangement means that

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

facts regarding a potential lawsuit are normally derived from

the client, other witnesses, and documents

which of the following could not be resolved through civil litigation

the commission of a murder

which of teh following never starts the running of a statute of limitations

the date the plaintiff retains an attorney

claim statutes commonly apply when

the defendant in a lawsuit is a governmental entity

a stat always has jurisdiction over a defendant in a lawsuit if

the defendant is a citizen of that state

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

the defendant's residence

in a federal case, trials generally occr in

the district court

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

trial

case management software allows attorneys to organize and summarize extensive discovery

true

and interview between a paralegal and a witness in a case should always be tape recoreded, whether the witness agrees to be recorded or not

False

the doctrine known as laches requires plaintiffs to present written claims to defendants prior to filing lawsuites

False

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

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

True

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

True

Copies of a client's medical records can be obtained with a written release signed by the client

True

Demeanor referst to the appearance of a witness and is na important factor in determining the credibility of that witness

True

Paralegals are not allowed to interview witnesses because of the ethical restriction on the unauthorized practivce of law

Fales

a court wher a case begins and is tried is a court of _______jurisidiction

original

cloud computing refers to

storage of documents on the internet

Authentication refers to

Establishing that a document is what is puports to be

True

A cause of action is a legally recognized right to relief

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

False

The best expert for a case is one who has often testified in court

False

a three-judge panel is usually found in

US court of appeals

a tickler system is

a calendaring system

all answers contain

a caption, and affirmative defenses

a five year old child cannot maintain a lawsuit in his own name because

a child lacks capacity to sue

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

a counterclaim

defendants are required to have a new summons issued when they file

a counterclaim, a cross claim, third -party complaint

if a complain in a federal court action is vague and ambiguous, the defendatn should file

a motion for a more deinite statement

Cloud computing creates ethical questions related to client confidentiality

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

subject matter jurisdiction in dederal court can be challenged by

a motion to dismiss

a type of answer that challenges all of the allegations in a complaint is

a specific denial

factual disputes are generally resolved in

a trial court

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

answer

which of the following is not an alternative to litigation

discovery

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

false

trial courts withing state court systems are all refered to as district courts

false

within the federal court system, a seperate appellate court district exists for each of the 50 states

false

technical rules regarding form and content of pleadings are often found in

form books

knowing the elements of a cause of action in a case enables the paralegal to

gather appropriate evidence, assist in conducting relevant discovery, and draft and review pleading

when an appellate court reverses the lower court decision and hten sends it back to the trial court, it ___ the case

remands

a response to a counterclaim is known as a

reply

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

representation

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

through the proper discovery process

courts use the internet

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

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 corporations activities

true

in some instances the first pleading filed in a lawsuit is called a petition

true

litigation parlegals often rely on form books and forms files

true

litigation usually begins in a trial court

true

pleadings are filed in a trial court

true

rules of multijurisdiciton litigation allow cases to be tried in any federal district court

true

the moswt common method of resolving civil disputes is setlement

true

the rules of civil procedure differ substantially from teh rules of criminal procedure

true

the us supreme court has original jurisdiciton for some matters

true

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

verification

trial courts in the federal system are known as _____courts

district

before filing a complain electronically in federal court, which of the following is not required

the filing attorney must have the written consent of thedefendant

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 trail if the witness is unavailable

False

An attorney can commingle his own personal assets wiht property belonging to a client as long as teh attorney keeps accurate records

False

Authentication is not a problem in the admissibility of electronically stored information

False

Paralegals should always address clients by thier first name so as to develop good relationship

False

Paralegals should never give factual information to clients, as it may violate ethical rules

False

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

True

laws that deal wiht private disputes between parties are known as

civil laws

if an attorney decides not to take a case, the attorney should always

clearly communicate that fact to the concerned individual

statutes of limitation are generally found in

codes

time and billing software programs allow the users to

keep track of time and expenses for billing purposes

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 het court to order Bates to complete the sale. This action is for

equitable relief

rules and procedures of civil litigation are the same from state to state

false

jaworsky, the driver of a vehicle, and bigelow, a passenger in that car, were both injured in a automobile accident caused by the negligence of Thorton, the operartor of another vehicle. jaworsky and Bigelow are both allowed to sue thornton in the same complaint because of the law regarding

permissive joinder

a motion to dismiss filed in a federal action can challenge

personal jurisdiction, subject matter jurisdiction, venue

A court order requiring that a party take some action or refrain from certain conduct, issued by a court without a formal hearing athe beginning of a lawsuit, is knowns as

preliminary injunction

the ultimate source for the elements of a cause of action is

primary law

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

service of a complaint and summons on a corporation is accomplished by

serving the agent for service of process

leading questions during an interview

should probably be avoided