1200 Civil Lit Quiz 1
Before proceeding with a case, the court must have either subject matter or personal jurisdiction
True
The authority that a court has to hear a particular type of case is known as ____ jurisdiction
subject matter
Jurisdiction based on diversity of citizenship requires that if money damages are requested, the amount in dispute must exceed
$75,000
An appellate court's role is to determine if any _____ errors occurred in the trial court
legal
A court where a case begins and is tried is a court of ____ jurisdiction
original
An efficient tickler system is essential for keeping track of time limitations on cases
true
Trial courts within state court systems are all referred to as district courts
False
Venue is a type of jurisdiction
False
Within the federal court system, a separate appellate court district exists for each of the 50 states
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, parties are required to arbitrate their dispute.
False
A secondary source that is heavily relied upon by litigation attorneys and paralegals in drafting documents in the ____
Form books
The US Supreme Court can hear appeals from state courts
If a federal or constitutional issue exists
Paralegals cannot give ____ advice to parties
Legal
To request a hearing in the Supreme Court, a party generally files a
Petition for writ of certiori
Law books that contain the actual law itself are referred to as
Primary sources
Laws containing the methods used to enforce our rights or to obtain redress for the violation of our rights are known as ____ laws.
Procedural
In rem jurisdiction is based on the fact that _____ located within a state is the subject of the lawsuit
Property
The power that a court has to hear a particular case is known as _____ jurisdiction
Subject matter
A law that creates, defines, or explains an individual's rights is known as
Substantive law
What can NOT be resolved through civil litigation?
The commission of a murder
A state always has jurisdiction over a defendant in a lawsuit if
The defendant is a citizen of that state
Factual disputes are generally resolved in a ____ court
Trial
Unless a case is settled, litigation results in a ____, where parties present their evidence to a judge or jury
Trial
A cause of action is a legally recognized right to relief
True
Litigation usually begins in a trial court
True
Pleadings are filed in a trial court
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 Steven'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
Which of the following CANNOT be done by a paralegal?
Asking questions at a deposition
In order to invoke quasi in rem jurisdiction, the defendant's property must be brought before the court in a(n) ____ proceeding.
Attachment
A court of appellate jurisdiction is a court where the case begins and is tried
False
Laws that deal with private disputes between parties are known as ____ laws.
Civil
Litigation formally begins when a plaintiff files in court a written document known as a:
Complaint
The process of civil litigation formally begins when one party files a(n)
Complaint
The primary source of law is found in
Constitutions
In a federal case, trials generally occur in the
Court of appeals
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
What is NOT an alternative to litigation?
Discovery
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
A pleading filed by a defendant denying that the plaintiff is entitled to any relief is known as the
Answer
What skills are needed by paralegals?
-An ability to communicate orally and in writing -Technology expertise -Organizational and analytical skills
Courts use the internet to.....
-allow filing of court documents -make local rules of court available to attorneys -post tentative rulings in motions
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
Affirms
Cloud computing refers to
An electronic filing system
Another term for supplemental jurisdiction of the federal courts is ____ jurisdiction
Ancillary
A defendant often challenges the factual allegations of a complaint with an _____
Answer
Rules of multi-jurisdictional litigation allow cases to be tried in any federal district court in which any party has filed a lawsuit
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 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
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 Oklahoma, the state courts of Oklahoma could not exercise personal jurisdiction over Jackson because he is not a citizen of the state.
False
T/F A litigation paralegal often appears in court
False
T/F Case law has little, if any, relevance to the law of civil procedure
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
A three-judge panel is usually found in
US court of appeals
T/F Arbitration is a form of settlement
True
T/F Case management software allows attorneys to organize and summarize extensive discovery
True
T/F In some instances the first pleading filed in a lawsuit is called a petition
True
T/F The most common method of resolving civil disputes is settlement
True
T/F The rules of civil procedure differ substantially from the rules of criminal procedure
True
The US Supreme Court has original jurisdiction for some matters
True
T/F Most aspects of civil litigation occur in the courtroom
False
T/F Rules and procedure of civil litigation are the same from state to state
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
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
All federal lawsuits must be filed within one year of the date the cause of action arises
False
The doctrine known as laches requires plaintiffs to present written claims to defendants prior to filing lawsuits
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. This is a criminal case.
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. In the lawsuit, Kraft and Molina are the plaintiffs.
False
Litigation paralegals often rely on form books and form files
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
Trial courts in the federal system are known as _____
district courts
When an appellate court reverses the lower court's decision and then sends it back to the trial court, it ____ the case
remands
