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Civil Litigation

Civil Litigation Final Exam

QuestionAnswer
Venue is always determined solely by where the plaintiff resided at the time of the incident? F
Paralegals may provide legal services directly to the public without supervision of the attorney? F
In Minnesota, our Supreme Court has absolute and total discretion to reject reviewing any case? F
The federal trial court is called the Circuit Court? F
Paralegals may discuss cases with significant others as long as they promise to keep it a secret? F
The U.S. Supreme Court is an intermediate court of appeals? F
Paralegals are permitted to discuss fees with clients after but only after they conduct the interview? F
The power of the court to hear a case means they have jurisdiction? T
You should record all interviews with the client, but in doing so you should never tell the client as they may be angered? F
The initial client interview is important in helping develop the rapport and trust with the client? T
Professional ethics require the paralegal to give competent, reliable legal advice? F
At “common law” if the plaintiff was found to be “contributory negligent” they were barred from recovery? T
Minnesota does not follow the law of “contributory negligence” but has adopted “comparative fault”? T
The geographical location in which a matter is brought to court refers to “venue”? T
The contract entered between a client and the law office is generally called a retainer agreement? T
Paralegals may accept or reject cases for the firm? F
Paralegal tasks should be performed under the attorney’s supervision? T
If the plaintiff resides in Minnesota, and the defendant resides in Iowa, and the amount in controversy exceeds $75,000.00, the action may only be commenced in federal court? F
A contingent fee agreement is when the law office will receive a percentage of any recovery? T
Paralegals can give legal advice or counsel? F
You should secretly record al interviews with the client? F
A multijurisdictional practice is illegal? F
An intermediate appellate court has original jurisdiction over controversies between two states and hears only questions of fact? F
The jurisdictional amount in federal diversity cases is the combined claim for all plaintiffs? F
The U.S. Supreme Court has original jurisdiction over controversies between two states? T
A fee arrangement calculating the fees an attorney is entitled to based on a percentage of what is recovered is called a Contingency Fee Arrangement or Agreement
List the four elements necessary to establish negligence: (1) Duty (2) Breach of Duty (3)Causation (4) Injury –Harm-Damages
Police, doctors, and hospitals will only provide information when they have received a signed permission
The burden of proof in a civil case is preponderance of evidence
Defenses to negligence cases are (1)Comparative Fault (2)Contributory Negligence (3) Assumption of Risk
The location where a person lives and intends to stay indefinitely is their domicile
The trial court in Minnesota and in the Federal system is called the district court
A person shall not be deprived of life, liberty, or property without (a) capacity (b) verification (c)due process of law (d)litigation C-Due Process of Law
Pleadings are: (a) formal documents that set forth claims and defenses (b) informal exchanges of information (c)statements of guilt or innocence (d) investigation A-Formal documents that set forth claims and defenses
A complaint does not: (a) introduce the cause of action (b) present defenses (c)state the court’s jurisdiction (d)inform the defendant of the action B-Present Defenses
What Rule of Civil Procedure covers pleadings contents? (a) Rule 10 (b) Rule 14 (c) Rule 8 (d) Rule 25 B-Rule 14
A lawsuit may be prevented if the defendant (a) is a child (b) is a partnership (c) is a corporation (d) has sovereign immunity D-Has Sovereign immunity
A compliant will have: (a) Heading and Caption (b)Body (c) Addendum and acknowledgement (d)all of the above D-All of the Above
Evidence of a subsequent remedial measure may be introduced to establish? (a) fault (b)liability (c) there is a problem (d) control D-Control
Which of the following statements are hearsay? (a)I saw Mary hit John (b) What did defendant say? (c)My Wife said John slipped (d) I heard a gun shot B-My wife said John Slipped
The burden of proof in a civil case is: (a) beyond a reasonable doubt (b) not important (c)on the defendant (d) preponderance of the evidence D-Preponderance of the Evidence
In federal court you must include a demand for a jury trial within the summons and complaint or it is waived? F
The summons is the document that states that I’m in which the plaintiff must appear and defend? F
Relevant evidence was always admissible? F
Evidence of a subsequent remedial measure may be used to establish fault or liability? T
Minnesota is a code pleading state? F
Corporations are considered persons and may be parties to lawsuits? T
A poorly drafted complaint can result in dismissal of the suit? T
A complaint is a formal introduction of the law? T
Under the best evidence rule, in certain instances only the original document may be admitted? F
Lay witnesses may give opinions as long as based on facts that they have heard? F
If a person fails to adequately investigate a claim they may be sanctioned? T
The person appointed by a court to represent one who is otherwise incompetent is called “guardian ad litem”? T
We have the right to sue the government under any and all situations when we believe they have acted improperly? F
Hearsay only relates to verbal statements? F
In Minnesota we must identify in the complaint the case type? T
If we offer to settle the case, and the negotiation breaks down that offer may be introduced to establish fault or negligence? F
The husband-wife privilege is owned by the witness spouse? T
In order to commence a lawsuit you must have standing? T
Attorney, Abee See, drafts and signs a complaint based solely on the state of his claim. The client’s statements are not accurate and truthful. What rule has he violated? rule 11.03 sanctions
When drafting a complaint in Minnesota and what is the maximum amount one can seek and what rule governs? The maximum amount one can seek within the complaint is damages in excess of $50,000. The court determines the damages and has discretion toward more than $50,000. The rule that governs his rule 8.01.
Mary slips on the stairway after catching her heel on hold and carpeting. John replaces the carpeting and marries attorney wishes to establish that he is responsible based on the fact that he replaced the carpet. May he do so? If not, under what circum No, rule 4.07 or subsequent remedial measures cannot be admissible to prove negligence. Other sick instances that would be OK would be proving ownership, control, feasibility of precautionary measures, under Minnesota Rules Of Evidence Rule 4.07.
When there are many parties with a same claim or claims against the same defendant it may be possible to bring one action called: what is necessary to establish this type of action and what rule controls? This is called class action. It is necessary to establish in original claim, counterclaim, cross-claim, what third party claim, to join independent or alternate claims, but all people in one action must assert right to relief, jointly, severally or out o
How is a civil action commenced in Federal Court? Filing
How is a civil action commenced in Minnesota State court? Service
What Rule Of Procedure sets forth how inaction is commenced in Minnesota, and explain the methods of how the action is commenced? Rule 3.01 to the individual, partnership and associations, corporation, which are the Atty. General of serving upon the state. If service upon a public corporation, an action has commenced by service of process begins the municipal or public corporation
The document issued by the Federal Court that informs a defendant of the action and requires the defendant to answer within a specified period of time is called a summons
In Minnesota if one mails a copy of the Summons and Complaint to a defendant to commence the action the defendant must sign a and what rule governs Notice and Acknowledgment. Rule 4.06
If an individual does not have the financial capability of paying the appropriate filing fees they may still commands an action by filing for___ status in forma pauprus
In Minnesota hold most person pay to serve process? What rule? 18. 4.02
If we are suing the state of Minnesota who accept service on their behalf? Atty. General or deputy Atty. General or an assistant Atty. General
What is the accepted method of filing documents in the Federal courts? E filing
Laws that give a court personal jurisdiction over nonresident persons are called what type of statutes? Long arm statutes
If a party has been properly served with a summons and complaint and they fail to respond within this time allotted the plaintiff may bring a motion for a default judgment
In setting aside a default judgment what rule governs? Rule 60.02
What type of motion is brought seeking a pretrial order relating to the admissibility or inadmissibility of evidence? Motion in Limine
Motions are classified in Minnesota has been one of two kinds. They are: dispositive or indispositive
When a defendant feels that they are not subject to the jurisdiction of the court they will file what type of motion? Motion to dismiss for lack of personal jurisdiction. Rule 12.03
The formal pleading in response to a complaint is called a answer
List three types of affirmative defenses and what rule that controls? Rule 8.03. (1) assumption of the risk (2) contributory negligence (3) estoppel
When a defendant asserts a claim against the plaintiff they will file a Counterclaim
A plaintiff must respond to the claim of the defendant by serving a Reply
A claim by one party against another party in the same action (Defendant vs. Defendant) is called a: cross-claim
The filing of a third party complaint by the original defendant against a person not yet named a party in the lawsuit is intervention? F
Once a complaint is served upon a defendant, in may not be amended without prior court order? F
A defendant who is in Minnesota under subpoena to testify in another case may be served with process on another matter? F
A Memorandum Of Law must accompany every type of Motion to be considered by the court? F
If the court dismissed a case with prejudice in a saying that it cannot be recommenced and it is over? T
The Rule Of Civil Procedure that defines the general scope and limits of discovery is rule: (a) 26 (b) 16 (c) 33 (d) 30 A-Rule 26
In order for an item to be discoverable and must be relevant and: (a) answer questions of law (b) appear that it will lead to admissible evidence (c) privileged (d) authenticated B-appear that it will lead to admissible evidence
Initial disclosure eliminates the need for: (a) depositions (b) Summons and complaint (c) early interrogatories (d) subpoenas C-Early interrogatories
A set of interrogatories must be signed by the: (a) client (b) Attorney (c) paralegal who prepares them (d) clerk of court A – client
In answering interrogatories always to the following: (a) save time by allowing the other party to search your client’s file (B) see attendees inform interrogatories (C) avoid distortion or misrepresentation (D) the plane to any questions you to all the a C – avoid distortion or misrepresentation
Interrogatories should be answered: (a) orally if stipulated to by the parties (B) under oath (C) without objection (D) without providing the real answer B-under oath
The person to be examined in a deposition is called the: (a) deposer (B) depositor (C) deponent (D) troubled individual C – deponent
Prior to taking a deposition the person to be deposed must receive: (a) an invitation (B) motion to depose (C) notice of deposition (D) summons C –notice of deposition
If the deployment refuses or fails to sign the deposition transcript it is signed by the: (A) judge (B) Atty. (C) court reporter (D) no one C – court reporter
Production of Electronic Data may require the systems of: (a) electrician (B) a forensic software analyst (C) anyone who can do computer as word processing (D) the corporate president B-forensic software analyst
During production, privilege document should be: (a) destroyed (B) hidden (C) carefully identified to the Atty. (d) provided to the other party C-Carefully identified to the attorney
A response to a request for admission must he responded to you within: (A) 10 days (B) 20 days (C) 30 days (D) whenever it is convenient C -30 days
The chronological numbering of documents is referred to as “beats” numbering? T
Document production may be accomplished by exchange of a CD-ROM? T
Paralegal should not accompany clients to medical examinations? F
Rule 37 covers request from medical examinations? F
You must always attend the independent medical examination of the Physician chosen by the adverse party? F
Protective orders may allow a person not to answer interrogatories? T
Interrogatories can only be served on parties to the action? T
Depositions may be taken off only parties? F
If one refuses to undergo a medical examination the requesting party has no recourse? F
The depositions can be used to evaluate yet the party? T
Depositions must be taken before stenographer or court order? F
Only parties and eyewitnesses may be deposed? F
The party requesting the deposition may refuse to allow the other party to break to ask any questions? F
Once the deposition has been completed the response may not be amended or changed? F
Updating discovery is not necessary and was requested by the other side? F
Disclosures required by the Federal courts? T
The best tactic for winning a lawsuit is surprise? F
Interrogatories may not seek inadmissible evidence? F
Both the state and Federal courts limit the number of interrogatories last to 50? F
Information on computers is never discoverable as it is proprietary? F
There are no sanctions available if one fails to respond to interrogatories within the prescribed period time? F
Redundant discovery (sending the scene interrogatories are taking a person’s to deposition more than once) request is encouraged to see if answers are consistent? F
Depositions may last as long as the person asking the questions desires? F
The rule governing interrogatories in Minnesota is Rule ____. Under that rule how many questions may be asked?_____ answers must be provided with and how many days? Rule 33. 50 Questions. 30 Days.
What will covers the markets of discovery? ____. Under that rule what are the methods of permissible discovery?(5) rule 26.01. (1) depositions – oral or written (2) written interrogatories (3) production of documents are things or enter land or property (4) physical mental or blood examination (5) request for admission
If a party wishes to withhold information claiming either side is not entitled to it they may seek what kind of order? -------- what will controls and what must be shown? protective order. Rule 26.03 requirement to show why to protect from annoyance, oppression, or undue burden or expense.
What rule covers admissions?------- what is the effect of one’s failures to respond to a request for admission within the allotted time? --------- what is the maximum number of request a party may ask? rule 36. The effect is the matters admitted without the objections or answer. Unlimited requests may be asked.
The numbering of documents received in a request is called bates numbers
What rule allows for the “physical and mental examination of a party”?-----can a party claim their medical condition as provision not discoverable?------what rule controls? Rule 35. No is not privileged or not discoverable. Rule 35.01 controls
The intentional destruction of requested documents are evidence is called: spoliation
The removal of non relevant, privileged or prejudicial material from documents is called: redaction
In order of the court requiring a witness to appear in produce documents are items is called a: subpoena duces ticum
The Rule Of Procedure that allows for sanctions when a party wrongfully fails to comply with discovery requests is: rule 37.02
Created by: nicegirl_07 on 2008-05-08



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