MIDTERM CH 1-6
Laws containing the methods used to enforce our rights or to obtain redress for the violation of our rights are known as ____.
procedural law
Claim statutes commonly apply when ________.
the defendant in a lawsuit is a governmental entity
Factual disputes are generally resolved in ____
trial court
Which of the following could not be resolved through civil litigation?
the commission of a murder
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
A contingent fee arrangement means that ________.
the attorney will take a percentage of the recovery as the fee
An efficient ______ system is essential for keeping track of time limitations on cases
tickler
The process of civil litigation formally begins when one party files a/an ____.
COMPLAINT
is a claim filed by a defendant against a co-defendant
CROSS-CLAIM
If you had a civil case in the Federal District Court for the Eastern District of Wisconsin, you would have to review what rules?
. a and d
All federal lawsuits must be filed within ____ ____ of the date the cause of action arises.
1 year
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
A copy of the answer must be personally served on the plaintiff.
FALSE
A court of appellate jurisdiction is a court where the case begins and is tried
FALSE
A defendant can never in his answer deny an allegation in the complaint based upon "information and belief."
FALSE
A plaintiff is limited to bringing only one cause of action per complaint.
FALSE
A summons is a court order directing a defendant to appear personally in court.
FALSE
After receiving a complaint, the defendant can take as much time as deemed necessary to file an answer.
FALSE
All allegations in a counterclaim, cross-claim or third-party complaint are deemed denied and need not be responded to.
FALSE
All complaints filed in federal court must expressly state a cause of action.
FALSE
All complaints must be personally served on the defendant.
FALSE
All documents filed in court are known as pleadings.
FALSE
Case law has little, if any, relevance to the law of civil procedure.
FALSE
Costs that plaintiffs are routinely awarded include their attorney fees.
FALSE
In a lawsuit filed in federal court, there is no need to provide an allegation in the complaint that identifies proper jurisdiction and venue.
FALSE
The fee arrangement between a client and an attorney should be settled and put in writing at the ____ ___ ____
INITIAL CLIENT INTERVIEW
Authentication is not a problem in the admissibility of electronically stored information.
false
The U.S. Supreme Court can hear appeals from state courts ________
if a federal or constitutional issue exists
Funds belonging to a client should be kept ________.
in the law firm's trust account
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 authority that a court has to hear a particular type of case is known as ____
subject matter jursidiction
Facts regarding a potential lawsuit are normally derived from ________.
ALL OF THE ABOVE
The defendant in a federal court action can challenge the following via a motion to dismiss
ALL OF THE ABOVE
The primary source of the law is found in ____.
ALL OF THE ABOVE
Sakata purchased a new car from Dan's Dealership. While driving the car home, the brakes failed and Sakata was injured. Sakata sued both Dan's Dealership and the car manufacturer in the same lawsuit. The caption in an answer filed by Dan's Dealership should read: Dan's Dealership, defendant vs. Sakata, plaintiff
FALSE
Woo buys a new automobile. While driving the car home from the dealership, the brakes fail, the car crashes, and Woo is seriously injured. Woo 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 would be required to arbitrate their dispute.
FALSE
Woo buys a new automobile. While driving the car home from the dealership, the brakes fail, the car crashes, and Woo is seriously injured. Woo 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. This is a criminal case
FALSE
Woo buys a new automobile. While driving the car home from the dealership, the brakes fail, the car crashes, and Woo is seriously injured. Woo 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. In the lawsuit, Kraft and Molina are the plaintiffs.
FALSE
Arbitration is a form of settlement
FALSE (IT'S AN OUT OF COURT PROCESS)
The Local Rules for the Milwaukee County Circuit Court are the same as the Local Rules for the Kenosha County Circuit Court.
FALSE (LOCAL RULES DIFFER)
A litigation paralegal often appears in court
FALSE (NEVER APPEAR IN CRT)
The part of a complaint or petition that identifies the parties to the lawsuit is known as the _____.
CAPTION
Statutes of limitation are generally found in ________.
CODES
Wisconsin is a ______ ______ state.
COMPARTIVE NEGLIGENCE
____________________ evidence is evidence that a witness personally observed and which, if believed, directly establishes a fact.
DIRECT
When a complaint is filed, the court assigns a ______ _______
DOCKET NUMBER
If a defendant in a lawsuit fails to object to the subject matter jurisdiction of the court prior to filing an answer, the defendant loses the right to object thereafter.
FALSE
Minors and incompetents have the capacity to sue on their own behalf.
FALSE
Most aspects of civil litigation occur in the courtroom.
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, the company Delaney worked for. In fact, 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, since she 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 Exquisite Homes, the company Delaney worked for. In fact, 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. Piazza's pain and suffering is an item of special damages.
FALSE
Sakata purchased a new car from Dan's Dealership. While driving the car home, the brakes failed and Sakata was injured. Sakata sued both Dan's Dealership and the car manufacturer in the same lawsuit. In answering the complaint, Dan's Dealership and the car manufacturer must be represented by the same attorney.
FALSE
The burden of proof in a civil case is "beyond a reasonable doubt."
FALSE
Litigation paralegals often rely on form books and ______
FORMS FILES
A three-judge panel is usually found in
appellate courts
An out-of-court process for resolving disputes between individuals in which a neutral party hears both sides of the dispute and then makes a decision is known as ____.
arbitration
Which of the following cannot be done by a paralegal?
asking questions at a deposition
Good interviewing techniques include ________.
Listening attentively and taking detailed notes
Answers can be served by _____
Litigation usually begins in a ___ ___
TRIAL COURT
A cross-claim is generally allowed when a claim by one defendant against another named defendant arises out of the same transaction or occurrence that is the subject matter of the complaint.
TRUE
Courts generally permit parties against whom a default judgment was entered to petition the court to set it aside.
TRUE
The existence of a cause of action ________.
all of the above
Federal Courts have subject matter jurisdiction if the case involves:
all of the above (a. a federal law b. a federal constitutional issue c. diversity of citizenship and the claim exceeds $75,000 d. all of the above)
Courts use the Internet ________.
all of the above. (a.to allow filing of court documentsb.to post tentative rulings in motionsc.to make local rules of court available to attorneysd.all of the above.)
The pleading filed by a defendant denying that the plaintiff is entitled to any relief is known as the ____.
answer
Which of the following skills are needed by paralegals?
all of the above
A paralegal plays an insignificant role in the initial client interview.
FALSE
The Illinois Rules of Civil Procedure are the same as the Wisconsin Rules of Civil Procedure.
FALSE
Copies of a client's medical records can be obtained with a written release signed by the _____
CLIENT
Which of the following is not an alternative to litigation
discovery
Rules and procedures of civil litigation are consistent from state to state
FALSE
The newest member of the United States Supreme Court is
Brett Kavanaugh a rapist
____________________ 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
Continuing legal _____ is important for a litigation paralegaL
EDUCATION
_______ are filed in a trial court
Pleadings
A response to a counterclaim is known as _______.
REPLY
The most common method of resolving civil disputes is _______
SETTLEMENT
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, the company Delaney worked for. In fact, 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. Piazza would probably sue for a type of damage known as compensatory damages.
TRUE
The Wisconsin Statutes require that the caption of the complaint identify the name of the county designated by the plaintiff as the place of trial.
TRUE
Knowing the elements of a cause of action in a case enables the paralegal to ________.
all of the above
If the defendant has an affirmative defense to a claim, it must be alleged in the answer or it may be deemed ______
WAIVED
______ is a notice pleading state.
WISCONSIN
Costs that are routinely awarded to a plaintiff include __________.
a and c
A tickler system is ________.
a calendaring system
All answers must contain __________.
a caption
A five-year-old child cannot maintain a lawsuit in his own name because _____.
a child lacks capacity to sue
A type of answer that challenges all of the allegations in a complaint is ________.
a general denial
A defendant has the following options after receiving a complaint
all of the above
An expert witness ________.
all of the above
If an attorney decides not to take a case, that attorney should always ________.
clearly communicate that fact to the concerned individual
In some jurisdictions the complaint must contain factual allegations or statements that support each element of the cause of action. These jurisdictions are known as _________ jurisdictions.
code pleading
A claim by a defendant against a plaintiff is known as a ________________.
counterclaim
The rules of civil procedure differ substantially from the rules of ___
criminal procedure
Keeping an accurate and complete client list is important so that the law firm can ________.
determine and avoid conflicts of interest
An attorney or paralegal should not make _______ ______ with an opposing party who is represented by an attorney.
direct contact
If a case is not filed within the appropriate statute of limitations, the case will be _______ regardless of the merits of the case
dismissed
Trial courts within state court systems are all referred to as _______ ______
district courts
Proper venue in a federal action based on diversity of citizenship can be determined by ____
either the defendant's residence or the place where the cause of action arose
Which of the following is not an exception to the hearsay rule?
electronically stored information
Authentication refers to ________.
establishing that a document is what it purports to be
Case management software allows attorneys to organize and summarize ______ _________
extensive discovery
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 any trial if the witness is unavailable.
false
An attorney can commingle his own personal assets with property belonging to a client as long as the attorney keeps accurate records.
false
Before proceeding with a case, the court must have either subject matter or personal jurisdiction.
false
Berkshire, a paralegal with the firm of Schneider & Castillo, has been assigned to work on the Saldivar case, a case where Saldivar is claiming damages for personal injuries resulting from exposure to asbestos allegedly contracted when Saldivar worked on premises owned by Greenwood Properties and leased to Saldivar's employer. The claim is against Greenwood Properties. The company is represented by counsel. Berkshire should send a letter on behalf of Schneider & Castillo directly to Greenwood Properties, requesting the names and addresses of all parties who leased the premises for the past 50 years
false
Equitable relief that can be ordered by a court clarifying ownership of real property is known as
quiet title
Berkshire, a paralegal with the firm of Schneider & Castillo, has been assigned to work on the Saldivar case, a case where Saldivar is claiming damages for personal injuries resulting from exposure to asbestos allegedly contracted when Saldivar worked on premises owned by Greenwood Properties and leased to Saldivar's employer. The claim is against Greenwood Properties. The company is represented by counsel. When Berkshire 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
Federal court would have subject matter jurisdiction over a small claims case.
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
Paralegals are not allowed to interview witnesses because of the ethical restriction on the unauthorized practice of law.
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/an ________.
retainer agreement
A cause of action is a legally recognized _____ __ ____
right to relief
If the basis of federal court subject matter jurisdiction is diversity of citizenship, then a state court will have concurrent ______ ____ ________.
subject matter jurisdiction
When the complaint is filed, the court clerk will issue a document known as a _________.
summons
The demand for relief in a complaint is often referred to as a ____
PRAYER
Woo buys a new automobile. While driving the car home from the dealership, the brakes fail, the car crashes, and Woo is seriously injured. Woo 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 would be allowed to prepare a draft of the complaint to be filed in the action
TRUE
The Wisconsin Statutes require the following to appear in the caption if the pleading commences a personal injury action:
The amount claimed is greater than $5000.
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
The Wisconsin Statutes require that the caption of the complaint contain the following:
all of the above
The caption
all of the above
f you had a civil case in the Milwaukee County Circuit Court, you have to would review what rules?
b and c
Trial courts are sometimes referred to as ____.
b and c (courts of appellate jurisdiction & courts of original jurisdiction)
When a plaintiff has multiple claims against a defendant, the resulting lawsuit may contain numerous causes of action or ____________________.
counts
Within the federal court system, a separate appellate court district exists for each of the 50 states.
false
Minors and incompetents must have a/an ____________________ appointed in order to pursue a lawsuit.
guardian ad litem
The role of the appellate court includes ____
to determine if legal errors occurred in the trial court and if the error resulted in an unfair trial.
The 7th Circuit Court of Appeals is located in Madison, WI.
false
Berkshire, a paralegal with the firm of Schneider & Castillo, has been assigned to work on the Saldivar case, a case where Saldivar is claiming damages for personal injuries resulting from exposure to asbestos allegedly contracted when Saldivar worked on premises owned by Greenwood Properties and leased to Saldivar's employer. The claim is against Greenwood Properties. The company is represented by counsel. If Saldivar gives Berkshire the names of individuals who worked with him on the Greenwood premises, Berkshire should contact these individuals by phone to determine if they have any relevant information regarding the Saldivar case.
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
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 Alabama would have jurisdiction, even though Stevens is not a citizen of that state
true
In some instances the initial pleading in a lawsuit is called a ____
PETITION
Wis. Stat. § 802.06 provides that the defense of lack of jurisdiction over the subject matter shall be asserted in the responsive pleading except that it may be raised by motion at the option of the ________
PLEADER
______ _______ are also referred to as exemplary damages.
PUNITIVE DAMAGES
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, the company Delaney worked for. In fact, 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. Piazza's medical bills are an item of special damages.
TRUE
Sakata purchased a new car from Dan's Dealership. While driving the car home, the brakes failed and Sakata was injured. Sakata sued both Dan's Dealership and the car manufacturer in the same lawsuit. If this action is filed in federal court and Dan's Dealership wishes to pursue a claim against the manufacturer for indemnity, it could be done in a cross-claim
TRUE
A court of last resort is sometimes referred to as ____
a supreme court
At the initial client interview, -------- to obtain medical and employment information regarding the client should be signed and dated by the client.
authorizations
Berkshire, a paralegal with the firm of Schneider & Castillo, has been assigned to work on the Saldivar case, a case where Saldivar is claiming damages for personal injuries resulting from exposure to asbestos allegedly contracted when Saldivar worked on premises owned by Greenwood Properties and leased to Saldivar's employer. The claim is against Greenwood Properties. The company is represented by counsel. If Berkshire is given the names of potential witnesses, but not their addresses or telephone numbers, he should not waste any time trying to find that information. His time would be better spent researching the law of the case and finding an expert who is knowledgeable about mesothelioma.
false
Berkshire, a paralegal with the firm of Schneider & Castillo, has been assigned to work on the Saldivar case, a case where Saldivar is claiming damages for personal injuries resulting from exposure to asbestos allegedly contracted when Saldivar worked on premises owned by Greenwood Properties and leased to Saldivar's employer. The claim is against Greenwood Properties. The company is represented by counsel. If Berkshire talks to any potential witnesses in the case, Berkshire should not identify himself as a paralegal working for the law firm that represents Saldivar because this could influence the witnesses' statements.
false
Paralegals should never give factual information to clients, as it may violate ethical rules.
false
How is evidence in the possession or control of the opposing party normally obtained?
through the proper discovery process
Indemnification refers to a defendant's claim for
total reimbursement
Venue is a type of jurisdiction
false
The Wisconsin Statutes require
notice pleading
Sakata purchased a new car from Dan's Dealership. While driving the car home, the brakes failed and Sakata was injured. Sakata sued both Dan's Dealership and the car manufacturer in the same lawsuit. Sakata was not wearing a seat belt at the time of the accident. Ths fact should be alleged as an affirmative defense in an answer filed by defendants.
TRUE
Woo buys a new automobile. While driving the car home from the dealership, the brakes fail, the car crashes, and Woo is seriously injured. Woo 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 would be allowed to interview witnesses to the accident
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, 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. If the accident happened in Alabama, the state courts of Oklahoma would have jurisdiction to hear the case
false
The best expert for a case is one who has often testified in court.
false
The doctrine known as laches requires plaintiffs to present written claims to defendants prior to filing lawsuits.
false
Within the federal court system, trial courts are called superior courts
false
When parties in a lawsuit are required to be joined, they are sometimes referred to as _______ ________.
indispensable parties
Courts generally take a liberal attitude in determining the ___ ___ of pleadings.
legal sufficiency
As soon as an attorney learns that his or her client might be sued, the attorney should advise the client to preserve all documents related to the suit. This is known as a ____________________.
litigation hold
Technical rules regarding form and content of pleadings are often found in _____.
local rules of court
Statutes allowing states to exercise jurisdiction over nonresident defendants are known as ___-___ statutes
long-arm
In a federal case, trials generally occur in ____.
not all of the above or supreme crt
The United States Supreme Court has _____ _____ for some matters.
original jurisdiction
A defendant who files a counterclaim for contribution is seeking from the plaintiff
partial reimbursement
To request a hearing in the Supreme Court, a party generally files a/an ____.
petition for writ of certiorari
Law books that contain the actual law itself are referred to as ____.
primary sources
Before an expert is allowed to testify in a court proceeding, he or she must be ____________________ by the court to do so.
qualified
