Deck 1: Litigation and the Paralegal

Question 1

In some instances the first pleading filed in a lawsuit is called a petition.

Answer 1

True

Question 2

Which of the following could not be resolved through civil litigation?

A) A real estate problem
B) A contract dispute
C) The commission of a murder
D) A dispute over injuries resulting from an automobile accident

Answer 2

C

Question 3

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

Answer 3

True

Question 4

This is a criminal case.

Question 5

The rules of civil procedure differ substantially from the rules of criminal procedure.

Question 6

Arbitration is a form of settlement.

Question 7

The process of civil litigation formally begins when one party files a(n) ________.

A) complaint
B) answer
C) motion
D) writ

Question 8

Most aspects of civil litigation occur in the courtroom.

Question 9

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.

Question 10

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.

Question 11

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

Question 12

Which of the following is not an alternative to litigation?

A) Settlement
B) Mediation
C) Arbitration
D) Discovery

Question 13

Litigation paralegals often rely on form books and forms files.

Question 14

A litigation paralegal often appears in court.

Question 15

The most common method of resolving civil disputes is settlement.

Question 16

Laws containing the methods used to enforce our rights or to obtain redress for the violation of our rights are known as ________ laws.

A) substantive
B) procedural
C) civil
D) criminal

Question 17

Before filing a lawsuit, the parties are required to arbitrate their dispute.

Question 18

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

Question 19

A pleading filed by a defendant denying that the plaintiff is entitled to any relief is known as the ________.

A) petition
B) answer
C) complaint
D) summons

Question 20

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.

Question 21

A defendant often challenges the factual allegations of a complaint with a(n) ________.

Question 22

A secondary source that is heavily relied upon by litigation attorneys and paralegals in drafting documents is the ________.

Question 23

Which of the following skills are needed by paralegals?

A) An ability to communicate orally and in writing
B) Organizational and analytical skills
C) Technology expertise
D) All of these choices.

Question 24

The phrase ________ applies to the many procedures used by parties in an attempt to avoid litigation.

Question 25

Cloud computing refers to ________.

A) presentation software
B) case management software
C) an electronic filing system
D) storage of documents on the Internet

Question 26

Laws that deal with private disputes between parties are known as ________ laws.

Question 27

If a defendant ignores a complaint and files no responsive papers, the defendant ________.

Question 28

Which of the following cannot be done by a paralegal?

A) Interviewing clients
B) Researching law
C) Drafting pleadings
D) Asking questions at a deposition

Question 29

Litigation formally begins when a plaintiff files in court a written document known as a(n) ________.

Question 30

Unless a case is settled, litigation results in a(n) ________, where parties present their evidence to a judge or jury.

Question 31

Paralegals cannot give ________ advice to parties.

Question 32

The primary source of the law is found in ________.

A) codes
B) case reporters
C) constitutions
D) All of these choices.

Question 33

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.

Question 34

A law that creates, defines, or explains an individual's rights is known as ________.

Question 35

Law books that contain the actual law itself are referred to as ________.

A) form books
B) primary sources
C) secondary sources
D) legal encyclopedias