Civil Litigation 1-3
In order to invoke quasi in rem jurisdiction, the defendant's property must be brought before the court in a(n) ________ proceeding.
attachment
Another term for supplemental jurisdiction of the federal courts is ________ jurisdiction.
pendent or ancillary
Funds belonging to a client should be kept in .
the law firm's trust account
Jurisdiction based on diversity of citizenship requires that if money damages are requested, the amount in dispute must exceed ________.
$75000
Litigation paralegals need not be concerned with ethical problems because various canons of ethics and rules of professional conduct apply only to attorneys.
F
Most aspects of civil litigation occur in the courtroom
F
Paralegals should never give factual information to clients as it may violate ethical rules.
F
Rules and procedures of civil litigation are the same from state to state.
F
Rules of multijurisdictional litigation allow cases to be tried in any federal district court in which any party has filed a lawsuit.
F
The doctrine known as laches requires plaintiffs to present written claims to defendants prior to filing lawsuits
F
Trial courts within state court systems are all referred to as district courts
F
Venue is a type of jurisdiction.
F
The phrase ________ applies to the many procedures used by parties in an attempt to avoid litigation.
alternative dispute resolution
Each element of a(n) must be proven at trial in order for plaintiff to prevail.
cause of action
Litigation formally begins when a plaintiff files in court a written document known as a(n) ________.
complaint
The process of civil litigation formally begins when one party files a(n) ________.
complaint
If a defendant ignores a complaint and files no responsive papers, the defendant ________.
defaults
The role of the appellate court includes ________.
determining if any legal errors occurred at the trial level
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
_______ is not an alternative to litigation
discovery
The U.S. Supreme Court can hear appeals from state courts ________.
if a federal or constitutional issue exists
An appellate court's role is to determine if any ________ errors occurred in the trial court.
legal
Paralegals cannot give ________ advice to parties.
legal
A court where a case begins and is tried is a court of ________ jurisdiction.
original
A law that creates, defines, or explains an individual's rights is known as ________.
substantive law
Claim statutes commonly apply when .
the defendant in a lawsuit is a governmental entity, the plaintiff in a lawsuit is a governmental entity
A state always has jurisdiction over a defendant in a lawsuit if ________.
the defendant is a citizen of that state
Unless a case is settled, litigation results in a(n) ________, where parties present their evidence to a judge or jury.
trial
A cause of action is a legally recognized right to relief
T
The U.S. Supreme Court has original jurisdiction for some matters.
T
The commission of a murder could not be resolved through civil litigation?
T
The most common method of resolving civil disputes is settlement.
T
The rules of civil procedure differ substantially from the rules of criminal procedure
T
Which of the following never starts the running of a statute of limitations?
The date the plaintiff retains an attorney
A litigation paralegal often appears in court.
F
All federal lawsuits must be filed within one year of the date the cause of action arises.
F
An attorney can commingle his own personal assets with property belonging to a client as long as the attorney keeps accurate records.
F
Arbitration is a form of settlement.
F
Before proceeding with a case, the court must have either subject matter or personal jurisdiction
F
Case law has little, if any, relevance to the law of civil procedure.
F
Within the federal court system, a separate appellate court district exists for each of the 50 states.
F
Litigation paralegals often rely on form books and forms files.
T
Knowing the elements of a cause of action in a case enables the paralegal to .
D
A court of appellate jurisdiction is a court where the case begins and is tried
F
Statutes of limitation are generally found in .
A
A three-judge panel is usually found in ________.
U.S. courts of appeals
A tickler system is .
a calendaring system
An attorney or paralegal should not make direct contact with an opposing party who is represented by an attorney
T
An efficient tickler system is essential for keeping track of time limitations on cases.
T
Case management software allows attorneys to organize and summarize extensive discovery.
T
When an appellate court agrees with a lower court's decision, the court ________ the case.
affirms
A defendant often challenges the factual allegations of a complaint with a(n) ________.
answer
A pleading filed by a defendant denying that the plaintiff is entitled to any relief is known as the ________.
answer
In professional malpractice cases, statutes of limitations often begin to run on the date of of the wrongdoing.
discovery
Trial courts in the federal system are known as ________ courts.
district
A secondary source that is heavily relied upon by litigation attorneys and paralegals in drafting documents is the ________.
form book
When an appellate court reverses the lower court's decision and then sends it back to the trial court, it ________ the case.
remands
A contingent fee arrangement means that the attorney .
will take a percentage of the recovery as the fee
To request a hearing in the Supreme Court, a party generally files a ________.
petition for writ of certiorari
The ultimate source for the elements of a cause of action is ________.
primary law (case law and statutory law)
Laws containing the methods used to enforce our rights or to obtain redress for the violation of our rights are known as ________ laws
procedural
Cloud computing creates ethical questions related to client confidentiality.
T
Factual disputes are generally resolved in a(n) ________ court.
T
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.
T
If a case is not filed within the appropriate statute of limitations, the case will be dismissed regardless of the merits of the case
T
In some instances the first pleading filed in a lawsuit is called a petition.
T
Litigation usually begins in a trial court.
T
Pleadings are filed in a trial court.
T
Laws that deal with private disputes between parties are known as ________ laws.
civil
. In lieu of statutes of limitations, lawsuits against governmental entities must meet time requirements found in ________ statutes.
claims
If an attorney decides not to take a case, that attorney should always .
clearly communicate that fact to the concerned individual
In a federal case, trials generally occur in the ________.
district court
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
Time limitations in equitable cases are often affected by the principle of , which is based on the concept of fairness.
laches
In rem jurisdiction is based on the fact that ________ located within a state is the subject of the lawsuit.
property
The American Bar Association has adopted ethical standards for attorneys known as Model .
rules of professional conduct
The authority that a court has to hear a particular type of case is known as ________ jurisdiction.
subject matter
The power that a court has to hear a particular case is known as ________ jurisdiction.
subject matter
