Deck 10: Civil Litigation:before the Trial

Question 1

Preparation for a civil trial does not include which of the following?

A) Careful research of relevant law
B) Gathering of evidence
C) Creation of the litigation file
D) None of these choices is correct.

Answer 1

D

Question 2

John is asked to testify under oath at a trial. John is a(n)

A) opponent.
B) witness.
C) adversary.
D) affidavit.

Answer 2

B

Question 3

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

Answer 3

A

Question 4

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 5

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 6

An out-of-court resolution of the dispute is called a(n)

A) agreement.
B) conclusion.
C) resolution.
D) None of these choices is correct.

Question 7

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) All of these choices are correct.
E) None of these choices is correct.

Question 8

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

A) opponent
B) witness
C) adversary
D) affidavit

Question 9

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 10

Preparation for a civil trial includes which of the following?

A) Careful research of relevant law
B) Meeting deadlines for filing documents
C) Organizing the litigation file
D) All of these choices are correct.

Question 11

Michelle is suing Kelly. Before the case goes to court, Michelle and Kelly reach an agreement.

A) motion.
B) opinion.
C) settlement.
D) judgment.

Question 12

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 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

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

A) plaintiff.
B) paralegal.
C) defendant.
D) None of these choices is correct.

Question 15

Preparation for a civil trial includes which of the following?

A) Careful research of relevant law
B) Gathering of evidence
C) Creation of the litigation file
D) All of these choices are correct.

Question 16

Jane is a paralegal. During a trial she may perform all of the following tasks except which one?

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 17

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 18

In civil litigation, a settlement is

A) an out-of-court resolution of the dispute.
B) the payment that the judge assigns to the losing party.
C) the jury's decision.
D) None of these choices is correct.

Question 19

True statements regarding civil litigation include which of the following?

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 helping trial lawyers prepare for civil litigation.

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) Check to see if a witness's testimony is consistent with sworn statements
D) None of these choices is correct.

Question 21

Which of the following cannot have their own rules of civil procedure?

A) Federal district courts
B) States
C) Individual courts
D) None of these choices is correct.

Question 22

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

A) records
B) release
C) retainer
D) pleading

Question 23

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

A) Federal district courts
B) States
C) Individual courts
D) Federal district courts and states
E) Federal district courts, states, and individual courts

Question 24

Which of the following would not be included in a litigation file?

A) Bills
B) Research results
C) Correspondences
D) None of these choices is correct.

Question 25

An attorney usually conducts the initial client interview because only an attorney can

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

Question 26

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 27

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 is correct.

Question 28

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 29

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 30

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 31

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 is correct.

Question 32

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 33

The first step in the civil litigation process is

A) drafting the complaint.
B) preparing interrogatories.
C) preliminary investigation.
D) the initial client interview.

Question 34

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 35

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 36

Which of the following would be included in a litigation file?

A) Bills
B) Research results
C) Correspondences
D) All of these choices are correct.

Question 37

Which of the following can practice law?

A) A lawyer only
B) A paralegal only
C) A paralegal overseen by a lawyer
D) A policeman or a lawyer

Question 38

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 is correct.

Question 39

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 40

When creating a litigation file, goals include which of the following?

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 retrieval of documents.
D) All of these choices are correct.

Question 41

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 42

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

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

Question 43

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 is correct.

Question 44

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

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

Question 45

Which of the following is another term for a complaint?

A) Petition
B) Dispute
C) Claim
D) Filing

Question 46

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

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

Question 47

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 48

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 49

A federal question arises whenever a claim in a civil lawsuit relates to which of the following?

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) None of these choices is correct.

Question 50

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 51

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

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

Question 52

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 53

Diversity of citizenship arises when the

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

Question 54

Federal courts can exercise jurisdiction over disputes involving which of the following?

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

Question 55

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 is correct.

Question 56

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) caseload.
B) docket.
C) case list.
D) docket number.

Question 57

The caption for a complaint leaves a space for which of the following?

A) The name of the plaintiff
B) The number the court assigns to the case
C) The name of the defendant
D) The final judgement of the case

Question 58

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 59

A federal question arises whenever a claim in a civil lawsuit relates to which of the following?

A) A federal law
B) A treaty executed by the U.S. government
C) The U.S. Constitution
D) All of these choices are correct.
E) None of these choices is correct.

Question 60

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 61

When drafting a complaint, one should strive to be

A) brief.
B) simple.
C) clear.
D) All of these choices are correct.

Question 62

The writing approach for a complaint should be

A) objective.
B) unbiased.
C) persuasive.
D) exaggerated.

Question 63

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 64

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 65

An affidavit is a(n)

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

Question 66

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 is correct.

Question 67

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 68

The last thing in a complaint should be the

A) citation.
B) prayer for relief.
C) signature.
D) None of these choices is correct.

Question 69

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 70

Which of the following people 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 71

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 72

Morgan and Amy are involved in a controversy over $100,000. A federal court can exercise jurisdiction over their case based on which of the following?

A) Diversity of citizenship
B) Federal question
C) Monetary law
D) Geographic distribution

Question 73

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 74

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 is correct.

Question 75

The Seventh Amendment of the U.S. Constitution guarantees the right to

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

Question 76

A notary public is an example of a person who is authorized to

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

Question 77

In addition to a signature at the end of a complaint, some states also require a(n)

A) affidavit.
B) witness signature.
C) official seal.
D) paralegal's signature.

Question 78

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 79

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 80

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.