Civil Lit chpt 1-5 review test
True or False: An attorney or paralegal should not make direct contact with an opposing party who is represented by an attorney
True
True or False: Copies of a client's medical records can be obtained with a written release signed by a client.
True
If an attorney decides not take a case, that attorney should always ___________. (a) clearly communicate that fact to the concerned individual (b) fully explain the reasons for turning down the case (c)refer the individual to another attorney for a second opinion (d) all of these choices
Clearly communicate that fact to the concerned individual
The process of civil litigation formally begins when one party flies a(n)_________. (a) complaint (b) answer (c) motion (d) writ
Complaint
Paralegals who discuses cases with others risk violating the ethical rules dealing with ________.
Confidentiality
In a federal case, trials generally occur in the ______________. (a) district court (b) court of appeals (c) Supreme Court (d) All of the above
Court of appeals
Each element of a(n) __________ must be proven at trial in order for plaintiff to prevail
Cause of action
True or False: Before proceeding with a case, the court must have either subject matter or personal jurisdiction.
True
True or False: Cloud computing creates ethical questions related to client confidentiality
True
True or False: Demeanor refers to the appearance of a witness and is an important factor in determining the credibility of that witness.
True
True or False: Litigation paralegals often rely on form book and form files
True
Jurisdiction based on diversity of citizenship requires that if money damages are requested, the amount in dispute must exceed __________.
$75,000
A plaintiff is usually allowed to amend a complaint _______________. (a) at any time by simply filing an amended complaint (b) only as long as the defendant has not filed an answer (c) only if the plaintiff has obtained a prior court order (d) if all other parties have stipulated in writing that the complaint can be amended
if all other parties have stipulated in writing that the complaint can be amended
The attorneys signature at the end of a complaint is called a(n) ___________.
subscription
Service of a complaint and summons on a corporation is accomplished by serving _____________. (a) any director of the corporation (b) any employee of the corporation (c) the agent for service of process (d)both a and c
the agent for service of process
True or False: A complaint and summons in a federal action can usually be served by the plaintiff, a licensed process server, or by the U.S. Marshall.
False
True or False: A court of appellate jurisdiction is a court where the case begins and is tried.
False
True or False: A litigation paralegal often appears in court
False
True or False: 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 trial if the witness is unavailable
False
True or False: A summons is a court order directing a defendant to appear personally in court
False
True or False: Arbitration is a form of settlement
False
True or False: Venue is a type of jurisdiction
False
Which of the following never starts the running of a statute of limitations? (a) the date a wrongful act occurs (b) the date the plaintiff discovers a wrongful act (c) the date the plaintiff retains an attorney (d) all of the above
The date the plaintiff retains an attorney
Claim Statutes commonly apply when __________. (a) a lawsuit results from an automobile accident (b) the defendant in a lawsuit is a governmental entity (c) the plaintiff in a lawsuit is a governmental entity (d) Both B and C are present
The defendant in a lawsuit is a governmental entity
True of False: A complaint usually contains allegations showing that the court in which the action is filed has both jurisdiction and venue
True
True or False: A cause of action is a legally recognized right to relief.
True
True or False: A judicial notice allows a court to find that certain facts are true without the parties presenting evidence of the fact.
True
The primary sources of law is found in _________. (a) codes (b) case reporters (c) constitutions (d) all of these choices
All of these choices
Which of the following skills are needed by paralegals? (a) an ability to communicate orally and in writing (b) organizational and analytical skills (c) technology expertise (d) all of these choices
All of these choices
Cloud computing refers to ________. (a) presentation software (b) case management software (c) an electronic filing system (d) storage of documents on the internet
An electronic filing system
A defendant often challenges the factual allegations of a complaint with a(n) _________.
Answer
The process of creating a searchable database of numerous documents begins with ___________.
Bate Stamp
A tickler system is a ____________. (a) a computerized system to keep track of potential conflicts of interest (b) a calendering system (c) a complete list of current and past defendants (d) both a and c
A calendering system
Minors and incompetents must have a(n) ____________ appointed in order to pursue a lawsuit.
Guardian ad Litem
The authority that a court has to hear a particular type of case is known as _________ jurisdiction. (a) subject matter jurisdiction (b) personal (c) in rem (d) quasi in rem
Subject matter
The power that a court has to hear a particular case is known as _________ jurisdiction
Subject matter jurisdiction
A law that creates, defines, or explains an individual's rights is known as _________.
Substantive Law
An individual appointed by a corporation to accept service of papers in a lawsuit is the agent for ________________.
service process
Leading questions during an interview ___________. (a) call for the opinion of the witness (b) are a good method of obtaining needed information (c) should probably be avoided (d)call for a narrative response
should probably be avoided
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.
Affirm
If a defendant ignores a complaint and files no responsive papers, the defendant _________.
Defaults
Another term for supplemental jurisdiction of the federal courts is ____________ jurisdiction.
ancillary
A pleading filed by a defendant denying that the plaintiff is entitled to any relief is known as the ________
answer
In lieu of statutes of limitations, lawsuits against governmental entities must meet time requirements found in __________ statutes.
Claim Statutes
Statutes of limitations are generally found in ____________. (a) codes (b) cases (c) constitutions (d) all of the above
Codes
Litigation formally begins when a plaintiff files in a court a written document known as a(n) ______.
Complaint
______________ evidence is evidence that a witness personally observed and that, if believed, directly establishes a fact.
Direct
Trial courts in the federal system are known as _________ courts.
District
Fenton works as a paralegal in a law firm that represents Kramer in a claim for damages resulting from an automobile accident. Kramer was a passenger in a car driven by DiSalvo. The accident occurred when DiSalvo negligently ran a stop sign. DiSalvo is represented by the law firm of Ogawa and Robles. True or False: 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
Fenton works as a paralegal in a law firm that represents Kramer in a claim for damages resulting from an automobile accident. Kramer was a passenger in a car driven by DiSalvo. The accident occurred when DiSalvo negligently ran a stop sign. DiSalvo is represented by the law firm of Ogawa and Robles. True or False: Assume that Fenton's brother in law once worked for DiSalvo. This would create a conflict of interest and the law firm should refer Kramer to another attorney
False
True or False: Rules and procedures of civil litigation are the same from state to state
False
True or False: Rules of multijurisdictional litigation allow cases to be tried in any federal court in which any party has filed a lawsuit.
False
True or False: The best expert for a case is one who has testified often in court
False
True or False: The doctrine known as laches requires plaintiffs to present written claims to defendants prior to filing lawsuits
False
True or False: Trial courts within state court systems are all referred to as district courts
False
True or False: Within the federal court system, a separate appellate court district exists for each of the 50 states.
False
True or False:Authentication is not a problem in the admissibility of electronically stored information
False
As soon as an attorney learns that his/her client might be sued, the attorney should advise the client to preserve all documents related to the suit. This is known as a(n) ___________.
Litigation hold
Technical rules regarding form and content of pleadings are often found in _____________________. (a) case law (b) form books (c) local rules of court (d) state constitutions
Local rules of court
Both NALA and NFPA have developed ethical guidelines to govern _____________.
Paralegals
The Supreme Court case of Daubert v. Merrel Dow Pharamceuticals, Inc. concerned __________. (a) the admissibility of hearsay evidence (b) the admissibility of scientific evidence (c) the constitutionality of the Federal Rules of Evidence (d) the admissibility of business records
The admissibility of scientific evidence
Which of the following could not be resolved through civil litigation? (a) A real estate problem (b) A contract dispute (c) The commission of murder (d) A dispute over injuries resulting from an automobile accident
The commission of a murder
Client funds must always be kept in the attorney's _______ account.
Trust
A form that establishes the ground rule of litigation, including fees, billing rates, retainer, and work to be performed by the law firm is known as a(n) __________. (a)release (b) retainer agreement (c) authorization (d) evidence log
retainer agreement
Berkshire, a paralegal with the firm of Schneider & Castillo, has been assigned to work on the Saldivar case. Saldivar is claiming damages for personl injuries resulting from exposure to asbestos allegedly contracted when Saldivar worked on premises by Greenwood properties and leased to Salidvar's employer. The claim is against Greenwood properties. The company is represented by counsel. True or False: When Bershire has any need to communicate with Saldivar, he should identify himself as a "member of the firm of Schneider& Castillo"; he should never refer to himself as a paralegal.
False
Piazza, a pedestrian, was injured when struck by a vehicle driven by Delaney, who ran a stop sign. At the time of the accident, Delaney, an interior designer, was on his way to a client's home. The vehicle that Delaney was driving was owned by Exquiste Houses, for whom Delaney works. The business is a small corporation whose shareholders are Delaney, Gergorio, and Allen. They are also the directors and officers oft he corporation. Piazza wishes to sure for his injuries. True or False: Delaney should not be named as a defendant in this lawsuit because he is a director and officer of the corporation
False
Piazza, a pedestrian, was injured when struck by a vehicle driven by Delaney, who ran a stop sign. At the time of the accident, Delaney, an interior designer, was on his way to a client's home. The vehicle that Delaney was driving was owned by Exquiste Houses, for whom Delaney works. The business is a small corporation whose shareholders are Delaney, Gergorio, and Allen. They are also the directors and officers oft he corporation. Piazza wishes to sure for his injuries. True or False: Piazza would probably sure for a type of damage known as compensatory damages
False
Piazza, a pedestrian, was injured when struck by a vehicle driven by Delaney, who ran a stop sign. At the time of the accident, Delaney, an interior designer, was on his way to a client's home. The vehicle that Delaney was driving was owned by Exquiste Houses, for whom Delaney works. The business is a small corporation whose shareholders are Delaney, Gergorio, and Allen. They are also the directors and officers oft he corporation. Piazza wishes to sure for his injuries. True or False: Piazza's pain and suffering are items of special damages.
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. True or False: 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. True or False: If the accident happened in Alabama, the state courts of Oklahoma would have jurisdiction to hear the case.
False
True or False: All complaints contain a verification
False
True or False: All complaints filed in federal court must expressly state a cause of action
False
True or False: All complaints must be personally served on the defendant
False
True or False: All documents filed in a court are known as pleadings.
False
True or False: All federal lawsuits must be filed within one year of the date the cause of action arises.
False
True or False: An attorney can commingle his own personal assets with property belonging to a client as long as the attorney keeps accurate records.
False
True or False: Case law has little, if any, relevance to the law of civil procedure
False
True or False: Case management allows attorneys to organize and summarize discovery
False
Paralegals cannot give ______ advice to parties.
Legal
Jaworsky, the driver of a vehicle, and Bifwlow, 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 sure Thornton in the same complaint because of the law regarding ____________. (a) permissive joinder (b) compulsory joinder (c) class action (d) indispensible parties
Permissive joinder
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 is known as a(n) ________________.
Persumption
To request a hearing in the Supreme Court, a party generally files a _____________. (a) complaint (b) brief (c) petition for writ of certiorari (d) memorandum of points and authorities
Petition for writ of certiorari
The ultimate source for the elements of a cause of action is _______. (a) primary law (case law and statutory law) (b) secondary sources of law (c) form books (d) all of the above
Primary law
Laws containing the methods used to enforce our rights or to obtain redress for the violation of our rights are known as _______. (a) substantive (b) procedural (c) civil (d) criminal
Procedural
In rem jurisdiction is based on the fact that _______ located within a state is the subject of the lawsuit.
Property
Before an expert is allowed to testify in a court proceeding, he/she must be ____________ by the court to do so
Qualified
When an appellate court reverses the lower court's decision and then sends it back to the trial court, it _______ the case.
Remand
Written fee agreements are often called _________ agreements.
Retainer
A state always has jurisdiction over a defendant in a lawsuit if _____________. (a) the defendant is a U.S. citizen (b) the defendant is a citizen of the state (c) the plaintiff sustained injuries or damages within the state (d) both b and c
The defendant is a citizen of the state
Funds belonging to a client should be kept in _____. (a) the law firms general account (b) the attorneys personal account (c) the law firms trust account (d) either a or c.
The law firms trust account
Factual disputes are generally resolved in a(n) ___________. (a) trial (b) appellate (c) supreme (d) all of these choices
Trial
Berkshire, a paralegal with the firm of Schneider & Castillo, has been assigned to work on the Saldivar case. Saldivar is claiming damages for personl injuries resulting from exposure to asbestos allegedly contracted when Saldivar worked on premises by Greenwood properties and leased to Salidvar's employer. The claim is against Greenwood properties. The company is represented by counsel. True or False: If Saldivar gives Berkshire the names of individuals who worked with him on the Greenwood premises, Berkshire should contract these individuals by phone to determine if they have any relevant information regarding the Saldivar case.
True
Piazza, a pedestrian, was injured when struck by a vehicle driven by Delaney, who ran a stop sign. At the time of the accident, Delaney, an interior designer, was on his way to a client's home. The vehicle that Delaney was driving was owned by Exquiste Houses, for whom Delaney works. The business is a small corporation whose shareholders are Delaney, Gergorio, and Allen. They are also the directors and officers oft he corporation. Piazza wishes to sure for his injuries. True or False: If Exquisite Homes is sued, it should be identified in the complaint as "DGA, Inc., a corporation doing business as Exquisite Homes."
True
True or 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
True or False: 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
True or False: In some instances the first pleading filed in a lawsuit is called a petition
True
True or False: Litigation usually begins in a trial court.
True
Paralegals who provide legal advice to clients violate the ethical rule prohibiting the ____________________.
Unauthorized practice of law
A court order requiring that a party take some action or refrain from certain conduct, issued by a court wihtout a formal hearing at the beginning of a lawsuit, is known as _____________. (a) a temporary restraining order (b)a preliminary injunction (c) a permanent injunction (d) declaratory relief
a temporary restraining order
An expert witness __________. (a) must have special education, expertise, and experience (b) can give opinion testimony (c) is paid for testifying in court (d) all of the above
all of the above
All complaints contain ___________, which are statements describing the contentions and defenses of the parties to the lawsuit.
allegation
An evidence log ________. (a) is usually kept by the parties themselves (b) records the chain of possession of a piece of evidence (c) is only kept for written documents that will be introduced as evidence at trial (d) contains a record of all dates of medical treatment
records the chain of possession of a piece of evidence
How is evidence in the possession or control of the opposing party normally obtained? (a) with a properly executed authorization (b) through the proper discovery process (c) with a letter from the attorney (d) such evidence cannot be obtained
through the proper discovery process
After the parties have filed appropriate documents, litigation proceeds with _______, a party of the case where the parties try to find out as much as they can about the other side's case.
Discovery
Time limitations in equitable cases are often affected by the principle of _____________, which is based on the concept of fairness.
Laches
An evidence log enables one to maintain an accurate record of physical evidence, including any transfer of _____________.
Custody
An appellate court's role is to determine if any ____ errors occurred in the trial court
Legal
The American Bar Association has adopted ethical standards for attorneys known as Model ___________.
Model Rules of Professional Conduct
Authentication refers to _______. (a) complying with the best evidence rule (b) avoiding hearsay (c) establishing that a document is what it purports to be (d) all of the above
establishing that a document is what it purports to be
True or False: The rules of civil procedure differ substantially from the rules of criminal procedure
True
Laws that deal with private disputes between parties are known as ______ laws.
Civil
A court where a case begins and is tried is a court of _________ jurisdiction.
Original
True or False: Most aspects of civil litigation occur in the courtroom
False
Before filing a complaint electronically in federal court, which of the following is not required? (a) the filing attorney must register with PACER and CM/ECF and obtain a special log-on password (b) the complaint must be prepared in a PDF format (c) the filing attorney must have the written consent of the defendant (d) the payment of filing fees must be arranged
the filing attorney must have the written consent of the defendant
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
Asking questions at a deposition
True or False: 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
True or False: Litigation paralegals need not be concerned with ethical problems because various canons of ethics and rules of professional conduct apply only to attorneys
False
True or False: Paralegals are not allowed to interview a witness because of the ethical restriction on the unauthorized practice of law
False
True or False: Paralegals should always address clients by their first name as to develop a good relationship
False
Woo buys a new automobile. While driving the car home from the dealership, the breaks 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. True or False: Before filing a lawsuit, the parties are required to arbitrate their dispute.
False
Woo buys a new automobile. While driving the car home from the dealership, the breaks 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. True or False: Brady is allowed to interview witnesses to the accident
False
Woo buys a new automobile. While driving the car home from the dealership, the breaks 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. True or False: In the lawsuit, Kraft and Molina are the plaintiffs
False
Woo buys a new automobile. While driving the car home from the dealership, the breaks 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. True or False: This is a criminal case.
False
Facts regarding a potential lawsuit are normally derived from _____________. (a) the client (b) other witnesses (c) documents (d) all of the above
All of the above
Knowing the elements of a cause of action in a case enables the paralegal to ________. (a) gather appropriate evidence (b) assist in conducting relevant discovery (c) draft and review pleadings (d) all of the above
All of the above
Time and billing software programs allow users to _______________. (a) keep track of time and expenses for billing purposes (b) manage a "to-do" list (c) maintain an address book (d) all of the above
All of the above
Courts use the internet ____________. (a) to allow filing of court documents (b) to post tentative rulings in motions (c) to make local rules of court available to attorneys (d) All of these choices
All of these choices
In a personal injury case, a client might be asked to keep a(n) ____________, a document in which the client keeps track of medical treatment, daily health complaints, amounts of medication, and related medical information
Medical diary
____________ 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
The part of a complaint that identifies the parties to the lawsuit is known as the ____________. (a) caption (b) allegations (c) prayer (d) subscription
Caption
The role of the appellate court includes _____________. (a) determining the credibility of witnesses at the trial level (b) reevaluating the factual determinations made by the trial court (c) determining if any legal errors occurred at the trial level (d) hearing testimony from important witnesses
Determining if any legal errors occurred at the trial level
In professional malpractice cases, statutes of limitations often begin to run on the fate of ____________ of the wrongdoing.
Discovery
Which of the following is not an alternative to litigation? (a) settlement (b) mediation (c) arbitration (d) discovery
Discovery
Proper venue in a federal action based on diversity of citizenship can be determined by _____________. (a) either the defendant's residence or the place where the cause of action arose (b) only the defendant's residence (c) only the plaintiff's residence (d) only where the cause of action arose
Either the defendant's residence or the place where the cause of action arose
Berkshire, a paralegal with the firm of Schneider & Castillo, has been assigned to work on the Saldivar case. Saldivar is claiming damages for personl injuries resulting from exposure to asbestos allegedly contracted when Saldivar worked on premises by Greenwood properties and leased to Salidvar's employer. The claim is against Greenwood properties. The company is represented by counsel. True or False: Berkshire should send a letter on behalf of Schneider and Castillo directly to Greenwood Properties requesting the names and addresses of all parties who leased the premises during the past 50 years.
False
Fenton works as a paralegal in a law firm that represents Kramer in a claim for damages resulting from an automobile accident. Kramer was a passenger in a car driven by DiSalvo. The accident occurred when DiSalvo negligently ran a stop sign. DiSalvo is represented by the law firm of Ogawa and Robles. True or False: 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
Fenton works as a paralegal in a law firm that represents Kramer in a claim for damages resulting from an automobile accident. Kramer was a passenger in a car driven by DiSalvo. The accident occurred when DiSalvo negligently ran a stop sign. DiSalvo is represented by the law firm of Ogawa and Robles. True or False: Ogawa and Robles are most likely handling this case on a contingent fee basis.
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. True or False: 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
A secondary source that is heavily relied upon bu litigation attorneys and paralegals in drafting documents in the ______.
Form book
The U.S. Supreme Court can hear appeals from state courts ________. (a) as long as a state supreme court has already heard the case (b) if the state supreme court refuses to hear the case (c) if a federal or constitutional issue exists (d) all of these choices.
If a federal or constitutional issue exists
______________ allows a court to find that certain commonly known facts are true without the parties presenting evidence of the fact.
Judicial notice
The name and address of an agent for service of process for a corporation can usually be obtained from _________. (a) the court in which the action is pending (b)the recorder's office (c) the secretary of state's office (d) all of the above
Secretary of State's office
True or False: An efficient tickler system is essential for keeping track of time limitations on cases.
True
True or False: Paralegals should never give factual information to clients as it may violate ethical rules
True
True or False: Pleadings are filed in a trial court.
True
True or False: Punitive damages are also referred to as exemplary damages
True
True or False: The U.S. Supreme Court has original jurisdiction for some matters
True
True or False: The fee arrangement between a client and an attorney should be settled and put in writing at the initial client interview
True
True or False: The most common method of resolving civil disputes is a settlement.
True
True or False: When parties in a lawsuit are required to be joined, they are sometimes referred to as indispensable parties
True
True or False: courts generally take a liberal attitude in determining the legal sufficiency of pleadings
True
Woo buys a new automobile. While driving the car home from the dealership, the breaks 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. True or False: Brady is allowed to prepare a draft of the complaint to be filed in the action
True
A three judge panel is usually found in ________. (a) U.S. District courts (b) U.S. courts of appeals (c) U.S. Supreme courts (d) all of the above
U.S. District court
Unless a case is settled, litigation results in a(n) __________, where parties present their evidence to a judge or jury.
Trial
Fenton works as a paralegal in a law firm that represents Kramer in a claim for damages resulting from an automobile accident. Kramer was a passenger in a car driven by DiSalvo. The accident occurred when DiSalvo negligently ran a stop sign. DiSalvo is represented by the law firm of Ogawa and Robles. True or False: Fenton discusses with Steele, a close friend who is a paralegal working for a different law firm, the case in great detail, including mentioning names. Steele promises not to repeat anything. Fenton has nevertheless breached a duty of confidentiality.
True
Piazza, a pedestrian, was injured when struck by a vehicle driven by Delaney, who ran a stop sign. At the time of the accident, Delaney, an interior designer, was on his way to a client's home. The vehicle that Delaney was driving was owned by Exquiste Houses, for whom Delaney works. The business is a small corporation whose shareholders are Delaney, Gergorio, and Allen. They are also the directors and officers oft he corporation. Piazza wishes to sure for his injuries. True or False: Piazza's medical bills are an item of special damages
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. True or False: If the accident happened in Alabama, and Steven's damages exceeded $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. True or False: 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
An express statement under penalty of perjury that the contents of a document are true is known as a(n) _________. (a) allegation (b) contention (c)verification (d) subscription
Verification
A contingent fee arrangement means that the attorney _____________. (a) bills for each hour spent on the case (b) has accepted a fixed sum to handle the case (c) will take a percentage of the recovery as the fee (d) will recover the fee from the defendant
Will take a percentage of the recovery as the fee
Which of the following is not an exception to the hearsay rule? (a) excited utterance (b) electronically stored information (c) business records (d) statements against interest
electronically stored information
Andres and Bates have a written contract in which Bates promises to sell Andrews a piece of real estate. Bates refuses to complete the transaction. Andrews sues Bates for specific performance, asking the court to order Bates to complete the sale. This action is for ______________. (a) compensatory damages (b) punitive damage (c) equitable relief (d) declarative relief
equitable relief
A five year old child cannot maintain a lawsuit in his own name because a child ___________. (a) is not a real party in interest (b) lacks the capacity to sue (c) does not have status to sue (d) all of the above
lacks the capacity to sue
Law books that contain the actual law itself are referred to as _______. (a) form books (b) primary sources (c) secondary sources (d) legal encyclopedias
primary sources
