Civil Litigation Mid Term

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

True

An evidence log ________.

records the chain of possession of a piece of evidence

Leading questions during an interview ________.

should probably be avoided

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

the admissibility of scientific evidence

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

Facts regarding a potential lawsuit are normally derived from ________. the client other witnesses documents

All of these choices.

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

Caption

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

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

False

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

Electronically stored information Business records Excited utterance Statements against interest

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

False

Service of a complaint and summons on a corporation is accomplished by serving ________.

verification

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

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

A summons is a court order directing a defendant to appear personally in court

False

All complaints contain a verification.

False

All complaints must be personally served on the defendant.

False

All documents filed in court are known as pleadings.

False

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

False

Paralegals should always address clients by their first name so as to develop a good relationship.

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. If the accident happened in Alabama, the state courts of Oklahoma would have jurisdiction to hear the case.

False

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(n) ________.

Retainer agreement

Punitive damages are also referred to as exemplary damages.

TRUE

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

TRUE

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

Through the proper discovery process

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

True

Courts generally take a liberal attitude in determining the legal sufficiency of pleadings.

True

Demeanor refers to the appearance of a witness and is an important factor in determining the credibility of that witness.

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. If the accident happened in Alabama, and Stevens's damages exceed $75,000, the state courts of Alabama and the federal court have concurrent jurisdiction.

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. Brady is allowed to prepare a draft of the complaint to be filed in the action.

True

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

A pleading filed by a defendant denying that the plaintiff is entitled to any relief is known as the ________.

answer

Authentication refers to ________.

establishing that a document is what it purports to be

A complaint and summons in a federal action can usually be served by the plaintiff, a licensed process server, or by the U.S. Marshal.

false

All complaints filed in federal court must expressly state a cause of action.

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 Exquisite Homes, for whom Delaney works. Exquisite Homes is an incorporated business whose legal corporate name is DGA, Inc. The business is a small corporation whose shareholders are Delaney, Gregorio, and Allen. They are also the directors and officers of the corporation. Piazza wishes to sue for his injuries. Delaney should not be named as a defendant in this lawsuit because he is a director and officer of the corporation.

false

When parties in a lawsuit are required to be joined, they are sometimes referred to as indispensable parties.

True

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

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. 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 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. Brady is allowed to interview witnesses to the accident.

TRUE

Before filing a complaint electronically in federal court, which of the following is not required?

The filing attorney must have the written consent of the defendant.

Factual disputes are generally resolved in a(n) ________ court.

Trial

A complaint usually contains allegations showing that the court in which the action is filed has both jurisdiction and venue.

True

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

The U.S. Supreme Court can hear appeals from state courts ________.

if a federal or constitutional issue exists

A plaintiff is usually allowed to amend a complaint ________.

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

A five-year-old child cannot maintain a lawsuit in his own name because a child ________.

lacks the capacity to sue

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

local rules of court

an expert witness

must have special education, experience, and expertise can give opinion testimony is paid for testifying in court All of the above are true

Service of a complaint and summons on a corporation is accomplished by serving ________.

the agent for service of process