Civil Litigation

A federal appeal generally allows for how many days in which to file a notice of appeal? a. 10 days b. 30 days c. 60 days d. 90 days

b. 30 days

A wrong that is legally recognized as a basis for compensation is called: a. Elements b. A cause of action c. Duty of care d. Preponderance of the evidence e. None of the above

b. A cause of action

An answer is filed by: a. The plaintiff in a civil action b. An expert witness in a civil action c. The defendant in a civil action d. None of the above

c. The defendant in a civil action

Which motion is used during the discovery phase? a. Motion to Continue b. Motion for Protections c. Motion for Limine d. Motion for Breach

c. Motion for Limine

Affirmative defenses are found in: a. The complaint b. A motion to dismiss c. The answer d. A motion to compel discovery

c. The answer

A paralegal ultimately answers to: a. The court of record in a civil dispute b. The opposing attorney in a civil dispute c. The attorney that the paralegal works for as the attorney is ultimately responsible for looking over and signing off on all of the paralegal's work before it leaves the office. d. None of the above

c. The attorney that the paralegal works for as the attorney is ultimately responsible for looking over and signing off on all of the paralegal's work before it leaves the office.

List 3 types of Posttrial motions

Motion for judgment as a matter of law motion to mold the verdict motion for a new trial

Civil Litigation involves government enforcement of laws or a prosecution for a breach of the law True or False?

False

Civil Litigation involves the resolution of legal disputes between parties seeking a remedy for a civil wrong or to enforce a contract True or False?

True

Evidentiary Rulings is an error made at trial by the judge with regard to the admission or exclusion of evidence True or False?

True

Verdict Unsupported by the Evidence is an error made at trial where the verdict of the jury is not supported by the evidence or the verdict disregards the law as presented in the jury instructions. True or False?

True

List 2 types of Pretrial motions.

a motion for summary judgment a motion to dismiss

If a fair trial could not possibly be reached in the present court where the suit was duly filed, a party could file: a. A motion to change venue b. A motion to dismiss c. A summary judgment motion d. A motion to remove the judge for cause e. All of the above

a. A motion to change venue

Which entity operates under the executive branch and enforces regulations to carry out statutes? a. Administrative agencies b. The legislature c. The courts d. The armed forces e. All of the above

a. Administrative agencies

An improper response to a request for admissions would be: a. Insufficient knowledge b. An objection with grounds alleged c. An admission of the truth of the matter averred d. A denial accompanied by alternate facts or law e. None of the above

a. Insufficient knowledge

Production of documents: a. Is a form of discovery in which written requests for documents and other items to be made available for inspection are sent to the opposing party b. Is a posttrial process where documents and other items are stored until the appeals process is over c. Is a form of discovery that deals with contract law only d. None of the above

a. Is a form of discovery in which written requests for documents and other items to be made available for inspection are sent to the opposing party

A motion for sanctions: a. Is an order compelling a party to cooperate; if it is not met, the next step is to request sanctions for noncompliance with the court b. An order asking for sanctions for nonpayment of a judgment c. An order requesting sanctions on opposing counsel for noncompliance with court rules d. None of the above

a. Is an order compelling a party to cooperate; if it is not met, the next step is to request sanctions for noncompliance with the court

An answer is: a. Made by the defendant to answer the fact pleadings made in a complaint pleading. b. A motion made by the plaintiff to respond to counterclaims made by the defendant c. A pleading made by the plaintiff to request documents from opposing counsel d. None of the above

a. Made by the defendant to answer the fact pleadings made in a complaint pleading.

A difficult type of injury to document is a: a. Soft-tissue injury b. Broken bone c. Torn ligament d. Deep puncture e. All of the above

a. Soft-tissue injury

Depositions are: a. A posttrial tool used to exchange documents b. A form of discovery available to ask questions and obtain oral answers under oath from a witness or party to a lawsuit c. A form of discovery where written questions are sent to the opposing party and are answered under oath d. All of the above

b. A form of discovery available to ask questions and obtain oral answers under oath from a witness or party to a lawsuit

Question text Discovery is: a. The result of doing meticulous exploratory work that leads to new geographic discoveries b. A phase of the litigation process in which the plaintiff and the defendant share information relevant to a lawsuit c. A posttrial phase where documents are exchanged between the parties in anticipation of an appeal d. None of the above

b. A phase of the litigation process in which the plaintiff and the defendant share information relevant to a lawsuit

Motions are frequently accompanied by all of the following except: a. Affidavits b. Answers c. Orders prepared for the judge's signature d. Notices of motions e. None of the above

b. Answers

The primary role of a paralegal in the office place is to: a. Assist the court with daily office tasks and research skills b. Assist the attorney with office tasks, research issues, draft documents and other ancillary tasks. c. Practice law d. Assist the opposing council in a civil dispute with discovery issues and draft documents for their case e. None of the above

b. Assist the attorney with office tasks, research issues, draft documents and other ancillary tasks.

Because it is not just an objective medical report, the ________ will include additional observations on the client's reluctance, negative reactions, and level of cooperation. a. Prognosis b. DME c. Treatment plan d. Diagnosis e. None of the above

b. DME

One of the bases for subject matter jurisdiction in the federal court system is: a. Violation of state criminal code b. Diversity of citizenship c. Probate d. Divorce

b. Diversity of citizenship

A case that is going through the state appeals process can switch to the federal appeals court system: a. Never b. If there is a federal or constitutional issue present in the appeal and the federal appeals court will hear the appeal c. Only if the petitioner loses an appeal at the state appeals level d. None of the above

b. If there is a federal or constitutional issue present in the appeal and the federal appeals court will hear the appeal

The complaint: a. Is a motion made by the defendant to state differences with the sitting judge b. Is a pleading made by the plaintiff(s) to initiate a civil lawsuit c. Is a pleading made by the defendant(s) to dismiss a lawsuit for cause of action d. Is a motion made by the plaintiff to request more time, as the issues are complex e. None of the above

b. Is a pleading made by the plaintiff(s) to initiate a civil lawsuit

Affirmative defenses are: a. Filed by the plaintiff to answer counterclaims from the defendant b. Legal theories that serve to bar the plaintiff's claim written in the answer c. Legal theories written by the presiding judge on behalf of the defendant d. A motion filed by the plaintiff to further question the defendant's motives posttrial e. None of the above

b. Legal theories that serve to bar the plaintiff's claim written in the answer

It is important to admit or deny each Request or Admission in a timely manner in order to avoid: a. A subpoena duces tecum b. Making an inadvertent admission c. Contempt of court d. A subpoena e. None of the above

b. Making an inadvertent admission

Regarding a duty of confidentiality: a. Paralegals have no duty b. Paralegals have a duty and are responsible for it c. There is no duty unless a case goes to litigation d. None of the above

b. Paralegals have a duty and are responsible for it

Adhering to the rules of appeals will allow the attorney to _________ an appeal, and avoid having it quashed or dismissed. a. Order b. Perfect c. Record d. Sustain e. None of the above

b. Perfect

Interrogatories are: a. A form of discovery available to ask questions and obtain oral answers under oath from a witness or party to a lawsuit b. Not allowed in civil litigation c. A form of discovery in which written questions are addressed to a party to a lawsuit requiring written answers made under oath d. None of the above

c. A form of discovery in which written questions are addressed to a party to a lawsuit requiring written answers made under oath

A motion to compel is: a. A motion used to compel the change of venue of a case b. A motion used to remove a judge for conflict of interest issues c. A motion seeking the opposing party's cooperation and compliance in responding to discovery requests d. All of the above

c. A motion seeking the opposing party's cooperation and compliance in responding to discovery requests

The appeals process allows the appellate division to hear and examine: a. The litigation techniques of attorneys during trial b. The courtroom demeanor of the attorneys and judge at the trial level c. Alleged errors made at trial concerning evidence, jury instructions, or other mistakes that may have had an impact in the outcome of a trial d. All of the above

c. Alleged errors made at trial concerning evidence, jury instructions, or other mistakes that may have had an impact in the outcome of a trial

Physical and mental examinations: a. Are only necessary for wrongful death actions b. Are only necessary if the presiding judge in the trial requests one c. Are a form of discovery that permits the physical or mental examination of a party by a qualified expert or one of the opposing party's choosing when such an issue is pertinent to the lawsuit d. All of the above

c. Are a form of discovery that permits the physical or mental examination of a party by a qualified expert or one of the opposing party's choosing when such an issue is pertinent to the lawsuit

Expert witnesses: a. Provide eyewitness accounts only b. Are not allowed in civil cases c. Are persons qualified by education, training, and experience to render opinion testimony based on facts outside the facts and scope of knowledge of the fact finder d. None of the above

c. Are persons qualified by education, training, and experience to render opinion testimony based on facts outside the facts and scope of knowledge of the fact finder

A physical examination would probably not be ordered in a(n) __________ case. a. Slip and fall b. Automobile accident c. Breach of sales contract d. Workers' compensation e. None of the above

c. Breach of sales contract

Written court decisions that serve as precedent are known as: a. Regulations b. Statutes c. Case law d. Court rules e. None of the above

c. Case law

If a defendant fails to answer a duly and properly filed complaint, the plaintiff could in turn file a: a. Motion to dismiss b. Motion to compel discovery c. Default judgment d. Motion to change venue e. None of the above

c. Default judgment

Perjury is: a. Failing to file motions timely with the court in a civil action b. The plaintiff's failing to pay the attorney's fees in a timely manner c. Deliberately making a false or misleading statement while under oath from a witness or party opponent. d. All of the above

c. Deliberately making a false or misleading statement while under oath from a witness or party opponent.

If monetary damages are not appropriate, what form of remedies can be ordered by the court. a. Administrative actions b. Special damages c. Equitable remedies d. Criminal penalties

c. Equitable remedies

Appeals can be properly categorized as: a. Swift and inexpensive b. Quickly completed and not stressful c. Long and quite costly d. Long and inexpensive e. None of the above

c. Long and quite costly

Civil litigation is: a. The process of resolving criminal issues between the government and a defendant b. The gathering of evidence in a federal issue that involves over $75,000 c. The litigation of disputes between two parties seeking a remedy to a civil wrong or breach of contract d. All of the above

c. The litigation of disputes between two parties seeking a remedy to a civil wrong or breach of contract

A complaint can best be described as: a. The defendant's moving with the court to dismiss a civil lawsuit b. The plaintiff's moving with the court to compel a defendant to produce documents c. The plaintiff's initiation of a civil lawsuit by filing a pleading with a court of proper jurisdiction d. The defendant responding to a pleading with answers to accusations made against them e. None of the above

c. The plaintiff's initiation of a civil lawsuit by filing a pleading with a court of proper jurisdiction

The time for a defendant to file a responsive pleading begins to run: a. As soon as the plaintiff files it with the court b. As soon as the plaintiff finishes drafting the document c. When the complaint is properly served upon the defendant according to court rule d. None of the above

c. When the complaint is properly served upon the defendant according to court rule

The common number of days associated with how long a party to a civil action has to file an appeal is: a. 1 day b. 60 days c. 1 year d. 10 days

d. 10 days

Paralegals may work in the following office settings: a. Large law firms b. Small law firms c. Governmental offices d. All of the above

d. All of the above

Skills that are beneficial to the success of a good paralegal include: a. Good writing skills b. Good research skills c. The ability to listen to clients and analyze potential issues d. All of the above e. None of the above

d. All of the above

The intake interview is important for a law firm, as: a. It is the accumulation of important information about a client and the client's potential cause of action b. It will help separate important minute details from irrelevant information c. The facts and issues gathered from the interview will help determine potential jurisdiction issues d. All of the above

d. All of the above

The legal team member who attends the examination with the client should be the one who reviews and summarizes the DME, because that person's observations may be used to dispute the physician's___________ in court. a. Credentials b. Profession c. Diagnosis d. Credibility e. All of the above

d. Credibility

A basic right the United States Constitution does not specifically guarantee in the Bill of Rights is: a. Speech b. Assembly c. Religion d. Privacy e. None of the above

d. Privacy

At the federal level, the highest level of appeal is: a. The appellate division b. The circuit court of appeal for that federal district c. The highest state appellate court d. The United States Supreme Court e. None of the above

d. The United States Supreme Court

A complaint pleading must have which of the following in it? a. The names of the parties b. A caption c. Proper jurisdiction stated d. A request for relief e. All of the above f. None of the above

e. All of the above

A paralegal's "soft skills" are important because: a. They are helpful in dealing with clients b. They are helpful in dealing with other individuals that work in the office c. They are helpful in dealing with others that work in the court system d. They are helpful in dealing with office personnel from other law firms e. All of the above

e. All of the above

Inherent skills that will be useful to a paralegal include: a. Analytical ability b. Communication skills c. Professionalism d. Natural skepticism e. Analytical ability and professionalism

e. Analytical ability and professionalism

Tasks that paralegals may be responsible for include: a. Organizing case files b. Drafting pleadings and motions c. Arguing cases before the court d. Interviewing clients and potential witnesses e. Organizing case files, drafting pleadings and motions, and interviewing clients and potential witnesses only

e. Organizing case files, drafting pleadings and motions, and interviewing clients and potential witnesses only

Courts of limited jurisdiction include the following: a. Probate b. Bankruptcy c. Small claims court d. State trial courts e. Probate, bankruptcy, and small claims courts

e. Probate, bankruptcy, and small claims courts

Good paralegal communication skills generally refers to: a. The ability to draft well-written pleadings and motions for the attorney b. The ability to draft well-written correspondence letters to other law firms and the court c. The ability to speak clearly to clients and other law firms concerning general information d. The ability to communicate to a jury when arguing a case before a court e. The ability to draft well-written pleadings and motions for the attorney, to draft well-written correspondence letters to other law firms and the court, to speak clearly to clients and other law firms concerning general information.

e. The ability to draft well-written pleadings and motions for the attorney, to draft well-written correspondence letters to other law firms and the court, to speak clearly to clients and other law firms concerning general information.