CH 1 Litigation & the Paralegal

55. A defendant often challenges the factual allegations of a complaint with a(n) ________.

answer

42. Laws containing the methods used to enforce our rights or to obtain redress for the violation of our rights are known as _______________. a. substantive laws b. procedural laws c. civil laws d. criminal laws

b

44. A pleading filed by a defendant denying that the plaintiff is entitled to any relief is known as the ________. a. petition b. answer c. complaint d. summons

b

47. Law books that contain the actual law itself are referred to as . a. form books b. primary sources c. secondary sources d. legal encyclopedias

b

A mediator is a _____. a. neutral party who hears both sides of a dispute and makes a decision about a case b. neutral party who tries to help parties to a lawsuit reach a settlement c. judge d. party to a lawsuit

b

A paralegal is not permitted to _____. a. draft pleadings b. give legal advice c. interview witnesses d. code documents for production

b

An appellate brief in a case may be filed _____. a. during discovery for the trial b. after the trial verdict has been rendered c. before pleadings are filed with the trial court d. while a witness is testifying as a trial moves forward

b

Civil laws do not deal with _____. a. private disputes between parties b. offenses such as murder, theft, and possession of drugs c. areas such as contracts and torts d. cases involving the government as a party

b

41. Which of the following could not be resolved through civil litigation? a. A real estate problem b. A contract dispute c. The commission of a murder d. A dispute over injuries resulting from an automobile accident

c

Cloud computing is useful to law firms because it provides _____. a. professionals to service computers that fail to operate properly b. additional computers to be used by office personnel c. access to electronic files stored on computers d. frequent updates to important computer programs

c

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

civil

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

complaint

45. Which of the following is not an alternative to litigation? a. Settlement b. mediation c. Arbitration d. Discovery

d

46. Cloud computing refers to __________ . a. presentation software b. case management software c. an electronic filing system d. storage of documents on the Internet

d

48. The primary source of the law is found in . a. codes b. case reporters c. constitutions d. all of the above

d

49. Which of the following cannot be done by a paralegal? a. Interviewing clients b. Researching law c. Drafting pleadings d. Asking questions at a deposition

d

50. Which of the following skills are needed by paralegals? a. Ability to communicate orally and in writing b. Organizational and analytical skills c. Computer literacy d. All of the above

d

Common forms of alternative dispute resolution include _____. a. negotiation b. arbitration c. mediation d. All of these choices.

d

Discovery methods include _____. a. interrogatories b. depositions c. requests for admissions d. All of these choices.

d

Primary sources include _____. a. legal encyclopedias b. practice manuals c. legal periodicals d. case reporters

d

Which of the following rights exist in a civil case? a. Right not to testify against oneself b. Right to court-appointed counsel if indigent c. Right to a speedy trial d. None of these choices.

d

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

defaults

56. 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

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. 25. This is a criminal case. a. True b. False

f

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

false

3. Rules and procedures of civil litigation are the same from state to state. a. True b. False

false

6. Arbitration is a form of settlement. a. True b. False

false

7. Case law has little, if any, relevance to the law of civil procedure. a. True b. False

false

8. A litigation paralegal often appears in court. a. True b. False

false

A civil case must go through litigation in order to be resolved.

false

A defendant's response to a complaint is called a petition.

false

Administrative agency hearings take place in federal district court.

false

Because of the availability of law libraries in legal offices, knowledge of the Internet is unimportant for paralegals.

false

Form books are examples of primary law. a. True b. False

false

Paralegals are rarely asked to review and analyze documentary evidence.

false

Video conferencing is not permitted for pretrial conferences and motions. a. True b. False

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. 21. In the lawsuit, Kraft and Molina are the plaintiffs. a. True b. False

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. 24. Before filing a lawsuit, the parties are required to arbitrate their dispute. a. True b. False

false

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

form book

60. Paralegals cannot give ________ advice to parties.

legal

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

substantive law

51. Unless a case is settled, litigation results in a(n) ________, where parties present their evidence to a judge or jury.

trial

10. Litigation paralegals often rely on form books and forms files. a. True b. False

true

2. The rules of civil procedure differ substantially from the rules of criminal procedure. a. True b. False

true

4. In some instances the first pleading filed in a lawsuit is called a petition. a. True b. False

true

5. The most common method of resolving civil disputes is settlement. a. True b. False

true

9. Case management software allows attorneys to organize and summarize extensive discovery. a. True b. False

true

A case that goes to trial for breach of contract provides an example of civil litigation.

true

According to the U.S. Supreme Court, excessive punitive damages violate the Due Process Clause of the Constitution.

true

Documents should be converted to PDFs before being transmitted electronically to the court to prevent any changes from being made.

true

Forms that should be kept in a law firm's forms file include pleadings, motions, memoranda of points and authorities, and briefs.

true

In a civil case, both sides have the right to appeal to a higher court.

true

Rules of court are rules of procedure adopted by representatives of the federal and state courts under authority given by the respective legislatures.

true

The parties to a civil lawsuit are known as the plaintiff and the defendant.

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. 22. Brady is allowed to interview witnesses to the accident. a. True b. False

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. 23. Brady is allowed to prepare a draft of the complaint to be filed in the action. a. True b. False

true

The goal of a civil case is to provide compensation for damage.

True

43. The process of civil litigation formally begins when one party files a/an __________. a. complaint b. answer c. motion d. writ

a

Law that creates, defines, or explains our rights is known as _____. a. substantive law b. procedural law c. primary law d. secondary law

a

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

alternative dispute resolution