Civil Litigation M/C

Reasons for allowing physical and mental examinations are to _____

all the above

The final decision to assert the attorney-client privilege remains with _____

the client

The individual who places a deponent under oath is _____

the court reporter

Claim statutes commonly apply when

the defendant in a lawsuit is a governmental entity

A relatively inexpensive type of discovery is ___

the interrogatory

In determining how far a deponent can be required to travel to a deposition, Rule ____ of the Federal Rules of Court Procedure must be consulted

45

In a federal case, trials generally occur in the _____

A District Court

A court of last resort is sometimes referred to as __________.

A Supreme Court

A deponent must be reimbursed for the expenses of ___

A and B

The party attempting to obtain a response from another party who has failed to respond to interrogatories may utilize ______

A and B above

The existence of a cause of action ______

Is all of the above

Court uses the internet _____

All of these choices

Papers filed in a court in support of a motion ____

Are technically considered pleadings, but resemble pleadings in a general format

The title of the interrogatories should identify _____

Both A and B

Statutes of limitations are generally found in ______

Codes

The role of the appellate court includes ______

Determining any legal errors that have occurred at the trial level

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

Do all of the above

A plaintiff is usually allowed to amend a complaint _____

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

The authority that a court has to hear a particular type of case is known as ___ Jurisdiction

Subject Matter

In a federal case, trials generally occur in _______________.

The District Court

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

The date the plaintiff retains an attorney

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 ____

Trial Court

A tickler system is _____

a calendaring system

All answers contain ____

a caption

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

a child lacks capacity to sue

If an attorney decides not to take a case, that attorney should always _____

a clearly communicate that fact to the concerned individual

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

a counterclaim

If agreement of a mental or physical examination cannot be reached____

a formal motion for compulsory examination will be necessary

A type of answer that challenges all of the allegations in 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

A response to a counterclaim is known as _____

a reply

A court order, requiring that a party take some action or refrain from certain conduct, issued by a court without a formal hearing at the beginning of a lawsuit is known as __________.

a temporary restraining order

Defendants are required to have a new summons issued when they file _____

a third-party complaint

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

a verification

A disadvantage of interrogatories is _____

all of the above

A motion to dismiss filed in a federal action can challenge _____

all of the above

An advantage of interrogatories is the fact that _____

all of the above

An expert witness _____

all of the above

An unethical discovery tactic is _____

all of the above

Cases in which the physical and mental examination is often used includes ___

all of the above

During the discovery stage in a lawsuit it is important for the paralegal to understand that the term computer includes ____

all of the above

Facts regarding a potential lawsuit are normally driven from _____

all of the above

Interrogatories may be used to _______

all of the above

Caution must be exercised in asking for a copy of the physician's report or the lab test results after the examination of the firms client ______

because the discovery provisions under the federal rules are reciprocal

Major problems with the work product privilege includes _____

both A and B

The Federal Rules of Civil Procedure set out essential requirements for the trial judge to grant the motion for a compulsory examination, including ___

both A and B

Service of a complaint and summons on a corporation is accomplished by ______

both A and C (serving the agent for service of process)

A stipulation enlarging time to respond should be signed _____

by the attorney's for plaintiff and defendant

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

caption

Permission for the party to be examined to allow his or her own physician to be present during the examination ______

is solely in the discretion of the trial judge

In a telephone deposition, the court reporter is ____

either A or B

In most states a subpoena may be served by _____

either B or C

In which of the following scenarios would a motion for a compulsory mental or physical examination not be granted?

either B or C

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

Authentication refers to ____

establishing that a document is what it purports it to be

A default judgment against a defendant can be set aside ____

if the plaintiff stipulates that it may be set aside

Interrogatories may be answered _______

in writing and under oath

The discretion of the trial judge to grant a motion for a compulsory examination ___

includes the authority to require a hearing in some cases

Good interview techniques include ______

listening attentively and taking detailed notes

Technical rules regarding form and content of pleadings are often found in ____

local rules of the court

A motion in which the moving party asks the judge to set aside a jury's decision and enter a different decision is known as a ____________

motion for judgment notwithstanding the verdict

A motion in which the moving party claims that the pleadings themselves indicate that no controverted issues exist and that judgment can be entered for only one party is known as ______

motion for judgment on the pleadings

The party making a motion is known as the ____

moving party

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

notarized document signed under penalty of perjury

Jaworsky, the driver of a vehicle, and Bigelow, a passenger in that car, were both injured in an automobile accident caused by the negligence of Thornton, the operator 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 for a summary judgment is an example of a ______

pretrial motion

An evidence log ______

records the chain of possession of a piece of evidence

Funds belonging to a client should be kept _____

In the law firm's trust account

Interrogatories aimed at determining the nature of an opponent's computer system should specify that the term "computer" includes ____

all of the above

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

all of the above

Limits on the discovery process include _____

all of the above

Objections to questions asked the deponent can be based on ____

all of the above

Sanctions against parties who refuse to comply with production include ____

all of the above

The attorney-client privilege may be lost of waived by the client _____

all of the above

The purpose of discovery includes _____

all of the above

Which of the following is generally required for a motion?

all of the above

The decision from the court on a motion is known as ______

an order

An affidavit ____

any of the above

An objection to interrogatories may be made if ______

any of the above

Federal rules require that an answer be supplemented in the case of ______

any of the above

Motions are usually made ______

any of the above

The paralegals role in the request for a physical or mental examination may include ___

any of the above

When presented with a proposed order for granting a motion for a compulsory examination, the judge may ____

any of the above

A paralegal may not be asked to perform the following tasks at deposition

ask the deponent questions

A form which establishes the ground rules of litigation, including fees, billing rates, retainer, and work to be performed by the law firm is known as a/an

retainer agreement

A complaint filed in federal court _____

should contain an allegation setting forth the basis for federal jurisdiction

Leading questions during an interview ______

should probably be avoided

The legal means to secure the presence of a nonparty witness for deposition is known as ___

subpoena

A contingent fee arrangement that _____

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

A subpoena, an official document commanding a person to be present at a deposition is issued by ________

the clerk of the court

Depositions are _______

the oral or written testimony of a party or witness given under oath outside a courtroom

The name and addresses of an agent for service of process for a corporation can BEST be obtained from _____

the secretary of state's office

The document entitled "motion" _____

Describes the nature of the motion, the grounds for the motion and the relief requested

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

through the proper discovery process

The number of sets of interrogatories which may be served upon a party in federal court is ___

unlimited