litmidtermmasterpost

In a negligence action against the defendant, if the injury was caused in part by the plaintiff's own negligence, the damages will be reduced in proportion to the plaintiff's negligence.

comparative negligence

Paralegals who discuss cases with others risk violating the ethical rule dealing with _______________ .

confidentiality

What is the name of the book where the civil procedural rules can be found for our state?

Ohio Rules of Civil Procedure

Which of the following is not an element of every battery?

apprehension of harmful or offensive contact

Arbitration that is not able to be appealed is called ___________________ arbitration.

binding

In lieu of statutes of limitations, lawsuits against governmental entities must meet time requirements found in __________ statutes.

claims

Doctors are strictly liable for the harm they wrongfully cause.

false

The duty of reasonable care requires the defendant to prevent all harm to the plaintiff.

false

Most aspects of civil litigation occur in the courtroom.

false (1)

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

false (12)

Trial courts within state court systems are all referred to as district courts.

false (15)

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

false (16)

Venue is a type of jurisdiction.

false (19)

Rules and procedures of civil litigation are the same from state to state.

false (2)

The doctrine known as laches requires plaintiffs to present written claims to defendants prior to filing lawsuits.

false (22)

Paralegals should never give factual information to clients, as it may violate ethical rules.

false (23)

Fenton works as a paralegal in a law firm that represents Kramer in a claim for damages resulting from an automobile accident. Kramer was a passenger in a car driven by DiSalvo. Th e accident occurred when DiSalvo negligently ran a stop sign. DiSalvo is represented by the law firm of Ogawa and Robles. Assume that Fenton's brother-in-law once worked for DiSalvo. This would create a conflict of interest and the law firm should refer Kramer to another attorney.

false (24)

Assume that Fenton once worked for the law firm of Ogawa and Robles, although he never worked on any cases involving DiSalvo. This would create a conflict of interest and Fenton should not be allowed to work on the Kramer case.

false (25)

Fenton is asked to do some investigation regarding this case. Fenton telephones DiSalvo, without the knowledge or consent of DiSalvo's attorneys, and he asks DiSalvo questions about the case. As long as Fenton is properly identified as a paralegal working for Kramer, this conduct on the part of Fenton is permissible.

false (27)

Ogawa and Robles are probably handling this case on a contingent fee basis.

false (28)

Only if a defendant has a counterclaim, may he file a Complaint.

false (3)

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

false (5)

A litigation paralegal often appears in court.

false (6)

A small monetary payment (often $1), awarded when the defendant has committed a tort that has resulted in little or no harm so that no compensatory damages are due.

nominal

Non-compensatory damages designed to punish the defendant.

punitive

The power that a court has to hear a particular case is known as ____________________ jurisdiction.

subject matter

Strict liability means ____.

the defendant is liable whether he or she caused the harm intentionally, carelessly, or innocently

A civil wrong that is not a contract.

tort

Plaintiffs have a duty to mitigate the damages caused by the wrongful conduct of the defendant.

true

Litigation usually begins in a trial court.

true (11)

Pleadings are filed in a trial court.

true (13)

The U.S. Supreme Court has original jurisdiction for some matters.

true (14)

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 (17)

Statutes allowing states to exercise jurisdiction over nonresident defendants are known as longarm statutes.

true (18)

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 (21)

Fenton discusses this case in great detail, mentioning names, with Steele, a close friend who is a paralegal working for a different law firm. Steele promises not to repeat anything. Fenton has nevertheless breached a duty of confidentiality.

true (26)

Settlement is the most common method of resolving civil disputes.

true (4)

Case management software allows attorneys to organize and summarize extensive discovery.

true (7)

Litigation paralegals often rely on form books and forms files.

true (8)

Being responsible for a tort solely because of what someone else has done.

vicarious liability