Deck 9: Civil Litigation: Before the Trial

Question 1

Paralegals cannot perform which of the following tasks during a trial?

A)Locate documents or exhibits as they are needed
B)Observe jurors' reactions to statements made by the attorneys or witnesses
C)Check to see if a witness's testimony is consistent with sworn statements
D)None of these choices are correct

Answer 1

D

Question 2

The first step in the civil litigation process is:

A)Drafting the complaint
B)Preparing interrogatories
C)Preliminary investigation
D)The initial client interview

Answer 2

D

Question 3

Which of the following can have its own rules of civil procedure?

A)Federal district courts
B)States
C)Individual courts
D)Federal district courts and states
E)All of these choices are correct

Answer 3

E

Question 4

An out-of-court resolution of a dispute is called:

A)An agreement
B)A conclusion
C)A resolution
D)None of these choices are correct

Question 5

Which of the following is true of civil litigation?

A)Most cases settle out of court and are not tried
B)Cases are governed by rules of civil procedure
C)Cases that are tried end with the issuance of a judgment
D)Most cases settle out of court and are not tried and cases that are tried end with the issuance of a judgment
E)All of these choices are correct

Question 6

The Federal Rules of Civil Procedure:

A)Specify what must be done during the various stages of the federal civil litigation process
B)Limit the role of paralegals in trials
C)Give basic guidelines for attorneys, but are not binding
D)None of these choices are correct

Question 7

A(n) is a person who is asked to testify under oath at a trial.

A)Opponent
B)Witness
C)Adversary
D)Affidavit

Question 8

The are the rules that control all procedural matters in civil trials brought before the federal district courts.

A)Federal Rules of Civil Procedure
B)Procedural Rules of Federal Courts
C)District Court Rules
D)Federal Rules of Criminal Procedure

Question 9

An attorney usually conducts the initial client interview because:

A)Only an attorney can give legal advice
B)Only an attorney can agree to represent a client
C)Only an attorney can agree to legal fees
D)All of these choices are correct

Question 10

Which of the following is not a reason that an attorney usually conducts the initial client interview?

A)Only an attorney can give legal advice
B)Only an attorney can agree to represent a client
C)Only an attorney can agree to legal fees
D)None of these choices are correct

Question 11

Which of the following tasks must be done before a civil litigation trial?

A)Evidence must be gathered and documented
B)Witnesses must be prepared
C)Trial exhibits must be prepared
D)All of these choices are correct

Question 12

Each state:

A)Has its own rules of civil procedure
B)Follows the Federal Rules of Civil Procedure
C)Does not have specific rules of civil procedure
D)Is completely regulated by the federal government

Question 13

A(n) is an out-of-court resolution of a dispute before the case goes to trial.

A)Motion
B)Opinion
C)Settlement
D)Judgment

Question 14

Both parties involved in civil litigation are usually in favor of settling the case out of court because:

A)Juries are notoriously biased
B)Judges are usually unfair
C)It is hard to erase the criminal record created when a case goes to trial
D)Lawsuits are costly in both time and money

Question 15

Paralegals can perform which of the following tasks during a trial?

A)Locate documents or exhibits as they are needed
B)Observe jurors' reactions to statements made by the attorneys or witnesses
C)Check to see if a witness's testimony is consistent with sworn statements
D)All of these choices are correct

Question 16

A person asked to testify in a civil litigation trial is a:

A)Plaintiff
B)Paralegal
C)Defendant
D)None of these choices are correct

Question 17

Which of the following statements is true regarding civil litigation?

A)Paralegals can act as attorneys in civil litigation
B)There are no juries in civil litigation
C)Paralegals play important roles in helping trial lawyers prepare for civil litigation
D)There are no juries in civil litigation and paralegals play important roles in

Question 18

A(n) is the court's final decision regarding the rights and claims of the parties to a lawsuit.

A)Motion
B)Opinion
C)Settlement
D)Judgment

Question 19

In civil litigation, a settlement is:

A)An out-of-court resolution of a dispute
B)The payment that the judge assigns to the losing party
C)The jury's decision
D)None of these choices are correct

Question 20

Paralegals cannot perform which of the following tasks during a trial?

A)Locate documents or exhibits as they are needed
B)Observe jurors' reactions to statements made by the attorneys or witnesses
C)Cross-examine witnesses
D)Check to see if a witness's testimony is consistent with sworn statements

Question 21

Which of the following is a goal of any law office filing system?

A)To preserve confidentiality
B)To safeguard legal documents
C)To ensure that the contents of the files can be easily and quickly retrieved
D)All of these choices are correct

Question 22

The caption, jurisdictional allegations, general allegations, and demand for a jury trial are all components of:

A)The complaint
B)The question
C)The docket
D)The judgment

Question 23

Which of the following is not a reason that an attorney usually conducts the initial client interview?

A)Only an attorney can give legal advice
B)Only an attorney can agree to represent a client
C)Only an attorney can agree to legal fees
D)Many clients are uncomfortable talking to paralegals

Question 24

A is a document that states the claims the plaintiff is making against the defendant, contains a statement regarding the court's jurisdiction over the dispute, and demands a remedy (such as money damages).

A)Demand
B)Judgment
C)Complaint
D)Pleading

Question 25

When creating a litigation file, the goal is to:

A)Make sure that the secretary accurately creates a file
B)Create subfiles for the documents related to the case as the case progresses
C)Preserve confidentiality, safeguard legal documents, and ensure easy
D)All of these choices are correct

Question 26

If the time allowed under a state's statute of limitations has expired:

A)The case can usually still be tried in a civil, but not a criminal, court
B)The case can usually still be tried in a county court
C)No action can be brought
D)There will be high fees associated with bringing an action

Question 27

An initial client interview:

A)Is usually conducted by a paralegal
B)Is usually conducted by an attorney
C)Is usually conducted by an attorney's secretary
D)Falls under the umbrella of "the practice of law"
E)Is usually conducted by an attorney and falls under the umbrella of "the practice of law"

Question 28

Which of the following is not included in the caption of a document submitted to a court?

A)Name of the court
B)Names of the parties
C)Title of the action
D)None of these choices are correct

Question 29

Which of the following may provide examples on which to base the drafting of a complaint?

A)Form books in the firm's library
B)Pleadings drafted previously by the firm
C)Form books available electronically
D)All of these choices are correct

Question 30

Which of the following is a section of a complaint?

A)Caption
B)Jurisdictional allegations
C)General allegations
D)Prayer for relief
E)All of these choices are correct

Question 31

Which of the following is included in the caption of a document submitted to a court?

A)Name of the court
B)Names of the parties
C)Title of the action
D)All of these choices are correct

Question 32

Which of the following is included in the caption of a document submitted to a court?

A)The court's file number
B)The type of document
C)Title of the action
D)All of these choices are correct

Question 33

Pleadings are:

A)Documents that detail legal arguments, including statutes and cases
B)Procedural requests made by an attorney to the court
C)Documents presenting the claims, defenses, and legal issues in a lawsuit
D)All of these choices are correct

Question 34

Which of the following is not a goal of any law office filing system?

A)To preserve confidentiality
B)To safeguard legal documents
C)To ensure that the contents of the files can be easily and quickly retrieved
D)None of these choices are correct

Question 35

Forms signed by a client authorizing an attorney to obtain a client's records are called:

A)Records forms
B)Release forms
C)Retainer forms
D)Pleading forms

Question 36

The contains a statement regarding the court's jurisdiction over the dispute and a demand for remedy.

A)Complaint
B)First filing
C)Witness list
D)Docket

Question 37

An initial client interview is usually:

A)Conducted by a paralegal
B)Conducted by an attorney
C)Conducted by an attorney's secretary
D)Done through traditional letter writing

Question 38

Which of the following is not a section in a complaint?

A)Caption
B)Jurisdictional allegations
C)Prayer for relief
D)Witness list

Question 39

The caption of a document submitted to a court identifies all of the following except:

A)The court
B)The parties
C)The case number
D)The attorney

Question 40

Which of the following would not provide examples on which to base the drafting of a complaint?

A)Form books in the firm's library
B)Pleadings drafted previously by the firm
C)Form books available electronically
D)None of these choices are correct

Question 41

The list of cases entered on a court's calendar and thus scheduled to be heard by the court is called the court's:

A)Case load
B)Docket
C)Case list
D)Docket number

Question 42

Diversity of citizenship arises when:

A)The parties involved in the lawsuit are citizens of different states
B)The amount in controversy exceeds $75,000
C)The amount in controversy exceeds $5,000
D)The parties involved in the lawsuit are citizens of different states and the amount in controversy exceeds $75,000
E)The parties involved in the lawsuit are citizens of different states and the amount in controversy exceeds $5,000

Question 43

The body of the complaint, which describes chronologically in numbered paragraphs the factual events that gave rise to the plaintiff's claim, is called the:

A)Numbered allegations
B)Jurisdictional allegations
C)General allegations
D)Allegations of the complaint

Question 44

Effective complaints are:

A)Long and wordy
B)Heavily reliant on legalese
C)Clear and concise
D)Heavily reliant on legalese and clear and concise

Question 45

A(n) is a written statement of facts, confirmed by the oath or affirmation of the party making it and made before a person having the authority to administer the oath or affirmation.

A)Signed statement
B)Affidavit
C)Allegation
D)Prayer for relief

Question 46

When drafting a complaint, one should strive to be:

A)Brief
B)Simple
C)Clear
D)All of these choices are correct

Question 47

A good complaint should not:

A)Include every possible fact that might be relevant to the case
B)Be written in legalese
C)Have lots of big words
D)Be clear and concise
E)Include every possible fact that might be relevant to the case, be written in legalese, and have lots of big words

Question 48

Paralegal Julia is drafting a complaint for one of her attorney's clients.She should use:

A)Legalese
B)Persuasive language
C)Lots of complex statements
D)No more than 500 words

Question 49

A federal question arises whenever a claim in a civil lawsuit relates to:

A)A federal law
B)A treaty executed by the U.S.government
C)The U.S.Constitution
D)A federal law and a treaty executed by the U.S.government
E)All of these choices are correct

Question 50

A party's statement, claim, or assertion made in a pleading, which the party expects to prove to the court, is called a(n):

A)Issue
B)Complaint
C)Allegation
D)Answer

Question 51

The attorney's at the end of the complaint signifies that the attorney has read the complaint and that the facts alleged are true to the best of his or her knowledge.

A)Name and address
B)Affidavit
C)Signature
D)Statement

Question 52

The writing approach for a complaint should be:

A)Objective
B)Unbiased
C)Persuasive
D)Exaggerated

Question 53

The statement at the end of a complaint requesting that the court grant relief to the plaintiff is called the:

A)Demand
B)Prayer for relief
C)Sworn statement
D)Remedy sought

Question 54

Federal courts can exercise jurisdiction over disputes involving:

A)A federal question
B)Diversity of citizenship
C)A federal question and diversity of citizenship
D)None of these choices are correct

Question 55

A good complaint should:

A)Include every possible fact that might be relevant to the case
B)Be written in legalese
C)Have lots of big words
D)Be clear and concise

Question 56

Which of the following would not provide an adequate allegation as to jurisdiction in the federal district court?

A)Federal question
B)Diversity of citizenship
C)Negligence
D)Civil rights violation under federal law

Question 57

The title of the action, the names of the parties, and the court's file number are all included in:

A)The judgment
B)The docket
C)The caption
D)The document footer

Question 58

In a complaint, the attorney's signature should be:

A)After the prayer for relief
B)At the beginning
C)In the middle
D)None of these choices are correct

Question 59

In a complaint, the prayer for relief should be:

A)At the end
B)At the beginning
C)In the middle
D)None of these choices are correct

Question 60

A federal question arises whenever a claim in a civil lawsuit relates to:

A)A federal law
B)A treaty executed by the U.S.government
C)A state law
D)A federal law and a treaty executed by the U.S.government
E)All of these choices are correct

Question 61

Which of the following is not true of e-filing a complaint?

A)The registered party has a user ID and password
B)E-filing is cheaper than traditional filing
C)Often documents must be filed as PDFs
D)E-filing is not secure

Question 62

An affidavit is:

A)An attorney who specializes in child advocacy
B)A witness
C)A sworn statement attesting to the existence of certain facts
D)A bill for an attorney's services

Question 63

The identifies the parties to the lawsuit, as well as the court in which the case will be heard, and directs the defendant to respond to the complaint within a specified period of time.

A)Summons
B)Affidavit
C)Service of process
D)Docket

Question 64

Which Amendment to the U.S.Constitution guarantees the right to a jury trial in federal courts in all "suits at common law" when the amount in controversy exceeds $20?

A)The First Amendment
B)The Seventh Amendment
C)The Eighth Amendment
D)The Second Amendment

Question 65

A well-drafted complaint contains the information needed to answer which of the following questions?

A)Who is the plaintiff?
B)Who is the defendant?
C)Why is the suit being filed in this court?
D)Is the claim timely filed?
E)All of these choices are correct

Question 66

A request for which of the following may be included in the prayer for relief in a complaint?

A)Monetary damages
B)Injunctive relief
C)Attorney's fees and costs
D)All of these choices are correct

Question 67

The Seventh Amendment of the U.S.Constitution:

A)Guarantees the right to bear arms
B)Guarantees the right to free speech
C)Guarantees the right to a jury trial in federal courts in all "suits of at common law" when the amount in controversy exceeds $20
D)Guarantees the right to bear arms and guarantees the right to a jury trial in federal courts in all "suits of at common law" when the amount in controversy exceeds $20

Question 68

The purpose of a complaint is to:

A)Request the court to issue an order
B)Obtain information that the other party has
C)Dismiss the lawsuit
D)Initiate a lawsuit

Question 69

Which of the following is true of e-filing a complaint?

A)The registered party has a user ID and password
B)E-filing is cheaper than traditional filing
C)Often documents must be filed as PDFs
D)All of these choices are correct

Question 70

A court clerk files the complaint by doing which of the following?

A)Stamping the date on the first age of all the documents
B)Assigning the case a file number
C)Assigning the case to a particular judge
D)All of these choices are correct

Question 71

The Seventh Amendment to the U.S.Constitution guarantees the right to a jury trial in federal courts in all "suits at common law" when the amount in controversy exceeds:

A)$1
B)$15
C)$20
D)$100

Question 72

For civil suits in federal court, of the Federal Rule of Civil Procedure sets out the required elements of the complaint.

A)Rule 4
B)Rule 6
C)Rule 8
D)Rule 10

Question 73

A complaint should be filed with a court:

A)By delivering the paper document to the court
B)By e-mail or CD-ROM
C)Online
D)By the means specified in that court's rules

Question 74

Before a court can exercise jurisdiction over a defendant, the court must have proof that the defendant was properly notified of the lawsuit.Delivering the summons and complaint to the defendant is referred to as:

A)Serving the summons
B)Filing the complaint
C)Return of service
D)Service of process

Question 75

Which of the following is authorized to administer an affidavit?

A)A high school teacher
B)Any university professor
C)A notary public
D)Any university professor and a notary public

Question 76

Traditionally, a person filing a complaint delivers the complaint to:

A)The clerk of the court
B)A county judge
C)An attorney
D)The opposing party

Question 77

A well-drafted complaint contains the information needed to answer which of the following questions?

A)Did any administrative prerequisites have to be satisfied prior to filing suit?
B)What are the legal claims made by the plaintiff?
C)Why is the suit being filed in this court?
D)What is the plaintiff asking for?
E)All of these choices are correct

Question 78

In a civil case, if the threshold requirement as to the amount in controversy has been met, may request a jury trial.

A)The plaintiff only
B)The defendant only
C)The plaintiff and defendant together
D)The plaintiff and defendant separately

Question 79

A notary public is an example of a person who is:

A)Authorized to administer an affidavit
B)Authorized to perform paralegal functions
C)Authorized to practice law
D)Authorized to administer an affidavit and authorized to practice law

Question 80

Generally, the will cover the typeface, type and size of paper, and other such matters, for documents to be filed with the federal court.

A)Federal Rules of Civil Procedure
B)Local rules
C)State rules
D)General rules