PARA 1130 True/False Questions
Compensatory damages are given when the defendant's conduct is willful or malicious in order to punish the defendant.
F
Consolidation may be ordered when different actions are pending in different courts.
F
Criminal litigation is commenced by private parties.
F
Depositions may only take place in a conference room at a courthouse.
F
Deviations from the pretrial order are always allowed at trial.
F
Discovery cannot be taken from a debtor after a judgment is entered.
F
Fact gathering should only be done by formal means after litigation begins.
F
If a claim is based upon breach of contract, a notice to sue is never necessary.
F
If a complaint contains redundant, immaterial, impertinent, or scandalous matter, the proper response by the defendant is a motion to dismiss.
F
If a document contains both privileged and unprivileged material, the entire document does not need to be produced.
F
If a motion to extend time is made after the applicable time period has expired, the moving party must show good cause for granting the motion.
F
If a witness is biased, the lawyer must use a peremptory challenge to strike the prospective juror from the jury panel.
F
If you would like the law enforcement agent to go into a business and collect any cash or checks that are in the register or that come into the business while the law enforcement agent is present, you should instruct the agent to install a keeper.
F
Interrogatories are oral questions presented by one party to another party.
F
It is never a good idea to try to pin a witness down to a particular fact during a witness interview.
F
It is never possible to obtain a writ of possession ex parte.
F
Minors and incompetents can sue either individually or through their legal guardians.
F
Nonparty witnesses must sit through the entire trial until they are called to testify.
F
Offers of settlement are admissible at trial to prove liability.
F
On appeal, the appellate court may hear from witnesses and take new evidence.
F
Once a case is settled, a court order is always necessary to dismiss the case.
F
Once a lawsuit is filed, there may not be a substitution of parties.
F
Once a notice of removal is filed, the parties must wait for an order from the court to effect the removal.
F
Once the jury renders a judgment in favor of one party, the case is automatically closed.
F
Only evidence that may be admissible at trial may be obtained in discovery.
F
Service of a summons and a complaint on a corporation may be made by serving any shareholder of the corporation.
F
The aggrieved party filing a complaint is called the plaintiff and the party against whom the complaint is filed is called the respondent.
F
The identity of experts who are expected to be called as witnesses at trial is not discoverable.
F
The plaintiff should draft the papers for an application for an attachment rather than using the judicial council forms.
F
The proof of service should never be attached to the motion.
F
There are only two grounds for the filing of a demurrer.
F
Upon notice of a bank levy, the bank will turn over all funds in the debtor's account up to ten days after the notice is received by the bank.
F
When drafting a complaint, a lawyer should rely solely on the client's representation of the facts.
F
When interviewing a client you should never inquire about the client's financial background.
F
Witnesses may be interviewed only after a lawsuit is filed and may never be interviewed during informal fact investigation.
F
Witnesses should not be permitted to review their previous deposition transcripts prior to trial.
F
You do not need to follow the local rules governing motions so long as you follow the Code of Civil Procedure.
F
A cause of action is a theory of recovery that entitles the plaintiff to recover against the defendant.
T
A complaint is always filed in the trial court.
T
A contingency fee arrangement is where the lawyer receives a percentage of the recovery received by the client.
T
A covenant not to sue does not discharge any parties.
T
A defendant may file a cross-complaint against the plaintiff within the time the defendant has to answer the complaint.
T
A defendant may raise certain defenses either in the answer or by a demurrer.
T
A demurrer attacks the pleadings before an answer is filed.
T
A deposition of a nonparty may be conducted anywhere.
T
A lis pendens gives notice that in the future the plaintiff may attempt to file a lawsuit involving real or personal property of the defendant.
T
A lis pendens notice is filed in the county office where the property is located.
T
A motion for summary judgment may be made when there are no genuine disputes over any material facts.
T
A motion for summary judgment must be accompanied by a separate statement of undisputed facts.
T
A motion should include a memorandum of points and authorities.
T
A notice for removal of an action from state court to federal court must be made within 30 days after the defendant receives notice of the plaintiff's initial pleading.
T
A paralegal may not represent a client in court or at a deposition.
T
A party answering interrogatories never has an obligation to supplement interrogatory responses.
T
A party filing an action in a state court must follow the procedural rules of that particular court.
T
A party has 30 days to respond to written interrogatories.
T
A party is not obligated to produce documents that are not in the party's actual control.
T
A party sending the interrogatories is sometimes referred to as the propounding party.
T
A person has a right to intervene into a lawsuit when such person has an interest in the outcome of the lawsuit.
T
A physical or mental examination of a party can be obtained if the party's physical or mental condition is in issue.
T
A plaintiff does not need to reply to the defendant's cross-complaint since it will be assumed that the plaintiff denies all allegations of the cross-complaint.
T
A plaintiff has an absolute right to dismiss a complaint anytime before the commencement of trial.
T
A plaintiff may move for summary judgment 60 days after the defendant has appeared in the action.
T
A preliminary injunction may be issued only after notice is given to the adverse party.
T
A proof of service is a certificate that states that service on the other parties has been made in a proper manner.
T
A release operates as a discharge of all claims against the parties to the release as well as any persons against whom the same claims are or could have been asserted.
T
A settlement agreement may be enforced in a separate contract action.
T
A stipulation for dismissal with prejudice bars the plaintiff from refiling the claim later.
T
A verified petition is no longer required under the Federal Rules of Civil Procedure when a defendant wishes to remove an action from state court to federal court.
T
A voluntary dismissal is without prejudice unless trial has started.
T
A witness who is not a party to the lawsuit must be served with a subpoena to appear at trial.
T
A writ of execution is a motion made by the judgment creditor to levy upon assets of the debtor.
T
A writ of possession is an order to the sheriff to obtain possession of property and deliver it to the plaintiff.
T
A written statement made by a nonparty witness that is in the possession of an adversary is discoverable.
T
Administrative procedures usually must be exhausted before claims may be brought in court against governmental bodies.
T
After a request to admit has been served on a party, that party must serve a response within 30 days, or the party waives all objections to the request to admit.
T
After the direct examination has been prepared, it is a good idea to review with the witness the areas that the lawyer anticipates the cross-examination will cover.
T
After the plaintiff's case-in-chief, the defendant has the opportunity to present rebuttal evidence.
T
All laws enacted by Congress are found in the Federal Rules of Civil Procedure.
T
All the proper legal elements to prove a cause of action must be stated in the complaint.
T
Although a paralegal may attend a deposition, only the lawyer may take the deposition or defend a witness at the deposition.
T
An abstract of judgment places a lien on all real property owned by the debtor.
T
An application for a temporary restraining order should be combined with a request for a preliminary injunction.
T
An attachment is a way of seizing a defendant's property to satisfy a future judgment.
T
An injunction is a legal remedy.
T
An injunction is an equitable remedy.
T
An insurer should notify the insured of all settlement offers.
T
An offer of judgment may be made anytime at least ten days before trial.
T
An offer of judgment under Code of Civil Procedure Section 998 can be used once settlement negotiations break down.
T
Appeal to the Supreme Court in not automatic, but rather is discretionary with the Court.
T
As a general rule, the defendant must serve an answer to the complaint within 30 days after service.
T
As a matter of good practice, all documentation that accompanies a motion should be attached to and served with the motion.
T
Civil litigation is the resolution of disputes between private parties through the court system.
T
Computers may be used to assist lawyers and paralegals in conducting research.
T
Computers may be used to locate information about parties or witnesses.
T
Contribution is a theory for apportioning liability among joint tortfeasors.
T
Dismissal of an action may be voluntary or involuntary.
T
Each cause of action must be separately stated in the complaint.
T
Following service of the motion, the originals of the notice and motion should be filed with the clerk of the court along with a proof of service.
T
If a case is settled, the lawsuit is usually dismissed with prejudice.
T
If a complaint is so vague or ambiguous that the defendant cannot respond to it, the defendant may file a demurrer.
T
If a contract contains an arbitration clause, the dispute must be submitted to arbitration.
T
If a party does not agree to voluntarily submit to a physical examination, a court order must be obtained.
T
If the appellate court disagrees with the trial court's judgment, the appellate court will reverse the decision.
T
If the legal remedy is inadequate to compensate the plaintiff fully, then the plaintiff may be able to obtain an equitable remedy.
T
In closing arguments the lawyers summarize the evidence that has been presented and explain why the judge or jury should rule in a particular way.
T
In some cases, it is a good idea to have the client's file reviewed by an appropriate expert.
T
Interpleader is the procedure by which a party who is or may be subjected to double liability can resolve these claims in one lawsuit.
T
Interrogatories may only be served on parties to the lawsuit.
T
Interrogatory answers must be signed and sworn to by the person making them.
T
Jury instructions should be drafted before trial.
T
Litigation is commenced by the aggrieved party filing a complaint.
T
One of the basic sources for informal investigation is the client.
T
One of the purposes of witness interview is to learn everything the witness knows or does not know that is relevant to a case.
T
One requirement for an attachment is that the amount owed the plaintiff must be unsecured.
T
Only federal and state governments may enact statutes or codes.
T
Photographs should be enlarged in advance of trial so that the photographs are easier for the jury to see.
T
Pleadings are used by the plaintiff to start the litigation.
T
Potential sources for locating witnesses include the client, telephone directories, voter registration lists, and license bureaus.
T
Prejudicial errors that may provide grounds for appeal include evidence that was improperly denied or admitted.
T
Recycled paper is required for all original papers filed with the court.
T
Requests to admit are written statements that force a party to admit or deny facts or a document's genuineness.
T
Requests to admit facts and the genuineness of documents apply only to parties.
T
Responses to requests to produce are usually due within 30 days of service of the request.
T
Rule 11 of the Federal Rules of Civil Procedure requires that before any suit is filed, there must be a reasonable inquiry into the facts to ensure a pleading is well grounded.
T
Settlement agreements should be in writing and signed by each party.
T
Since some witnesses may be uncooperative, do not try to record the interview, but wait until after the interview to write down your thoughts and comments about the interview.
T
Statements made by a party to the party's own lawyer are not discoverable.
T
Statutes are laws enacted by state or federal legislatures.
T
Statutes of limitation limit the time period in which an action may be brought against a defendant.
T
Statutory notice requirements must be complied with or else suit will be barred.
T
The communication between an attorney and client is confidential.
T
The complaint must contain enough facts to state a cause of action.
T
The party appealing the decision of the trial court must demonstrate an error in the court below which affected the outcome of the case.
T
The party bringing the motion is generally referred to as the moving party.
T
The party responding to a motion is generally referred to as the respondent (or responding party).
T
The party responding to interrogatories must respond to each interrogatory separately with either an answer or an objection.
T
The plaintiff does not need to show a right to possession in order to receive a writ of possession.
T
The plaintiff must wait for the defendant to answer before requesting a default judgment.
T
The procedures for enforcing a judgment are governed by state law.
T
The terms of the attorney‑client relationship should be formally established with a written agreement.
T
The wronged party may enforce a settlement agreement by making a motion to enforce the settlement agreement.
T
There are only two grounds for the filing of a motion to strike.
T
Under a structured settlement, the plaintiff receives periodic payments rather than one lump settlement sum.
T
Under the federal court system, the trial court is called the United States District Court.
T
Under the federal rules, a motion must be made in writing.
T
Unless otherwise ordered, all pleadings should be filed with the court clerk.
T
Upon issuance of a writ of execution, the judgment creditor can transfer the writ to the sheriff, marshal, or other agency, with instructions to levy upon certain assets of the judgment debtor.
T
Venue needs to be alleged in the introductory paragraphs of the complaint.
T
Voir dire examination is when specific questions are asked of the prospective jurors.
T
Wage garnishment is a direction to the employer of the judgment debtor to withhold a certain amount of money from each paycheck of the debtor for a limited period of time.
T
When a party is represented by a lawyer, service of the complaint should be made on the party's lawyer.
T
When personal property of the plaintiff has been wrongfully detained, the plaintiff should consider seeking a writ of possession.
T
When you first speak with a client you should identify yourself as a paralegal.
T
A plaintiff's failure to prosecute the action can never be a basis for involuntary dismissal.
F
A preliminary injunction may not be sought without requesting a temporary restraining order first.
F
A release is used only if there is a partial settlement of the lawsuit.
F
A request to produce may be used to compel responses to interrogatories.
F
A retainer is the hourly fee paid by the client to the lawyer.
F
A settlement brochure should never contain medical reports of the plaintiff's injuries.
F
A subpoena is a written court order compelling a third party to produce evidence.
F
A writ of execution is required in order to obtain information about the assets of a debtor.
F
All motions must be served on the opposing party by hand.
F
An abstract of judgment is not effective if the property has been sold after the abstract has been recorded.
F
An affirmative defense is relief requested by the defendant which, if proven, entitles the defendant to recover something from the plaintiff.
F
An affirmative defense raises matters that are put in issue by the defendant's denial of the allegations in the complaint.
F
An attachment is available only on tort claims.
F
A covenant not to sue prevents a nonsettling defendant from later bringing a contribution claim against the settling defendant after a final judgment.
F
A demand letter should always be signed by the paralegals drafting the letter.
F
A deposition of an adverse party may never be taken before responses to interrogatories are received.
F
A jury chart is used to record where each juror is sitting in the jury box during trial.
F
Any omissions or inaccuracies in the pretrial order do not need to be corrected.
F
A lawyer's fee includes out‑of‑pocket expenses incurred by a lawyer on behalf of the client.
F
A lis pendens places a lien on property owned by the defendant.
F
Common law is never used in the United States today.
F
A litigation plan is not necessary for most cases since you and the lawyer will already have defined the client's objectives after the initial client interview.
F
A memorandum of points and authorities is the same as a declaration or affidavit.
F
A motion for a temporary restraining order cannot be made unless the summons and complaint are also filed.
F
A motion for a temporary restraining order may only be made if notice is given to the adverse party.
F
A motion for judgment on the pleadings is made before the pleadings are closed.
F
A motion for summary adjudication of issues is appropriate only if all causes of action can be disposed of by the motion.
F
A party does not need to serve a written response to a document request if the party is going to produce the requested documents.
F
A person may never be deposed before a lawsuit is filed.
F
A plaintiff may seek an attachment on a money claim personally owed by the defendant not arising from the defendant's business.
F
