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Civil Litigation Fill In The Blanks

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In each blank, try to type in the word that is missing. If you've typed in the correct word, the blank will turn green.

If your not sure what answer should be entered, press the space bar and the next missing letter will be displayed.

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