Civil Litigation Final Exam
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| show | F
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| show | F
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| show | F
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| The federal trial court is called the Circuit Court? | show 🗑
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| Paralegals may discuss cases with significant others as long as they promise to keep it a secret? | show 🗑
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| The U.S. Supreme Court is an intermediate court of appeals? | show 🗑
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| show | F
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| show | T
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| show | F
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| show | T
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| Professional ethics require the paralegal to give competent, reliable legal advice? | show 🗑
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| At “common law” if the plaintiff was found to be “contributory negligent” they were barred from recovery? | show 🗑
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| show | T
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| The geographical location in which a matter is brought to court refers to “venue”? | show 🗑
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| The contract entered between a client and the law office is generally called a retainer agreement? | show 🗑
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| show | F
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| Paralegal tasks should be performed under the attorney’s supervision? | show 🗑
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| 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? | show 🗑
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| show | T
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| Paralegals can give legal advice or counsel? | show 🗑
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| You should secretly record al interviews with the client? | show 🗑
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| A multijurisdictional practice is illegal? | show 🗑
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| show | F
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| The jurisdictional amount in federal diversity cases is the combined claim for all plaintiffs? | show 🗑
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| show | T
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| show | Contingency Fee Arrangement or Agreement
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| show | (1) Duty (2) Breach of Duty (3)Causation (4) Injury –Harm-Damages
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| show | permission
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| show | preponderance of evidence
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| Defenses to negligence cases are | show 🗑
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| The location where a person lives and intends to stay indefinitely is their | show 🗑
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| The trial court in Minnesota and in the Federal system is called the | show 🗑
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| A person shall not be deprived of life, liberty, or property without (a) capacity (b) verification (c)due process of law (d)litigation | show 🗑
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| show | A-Formal documents that set forth claims and defenses
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| show | B-Present Defenses
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| What Rule of Civil Procedure covers pleadings contents? (a) Rule 10 (b) Rule 14 (c) Rule 8 (d) Rule 25 | show 🗑
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| show | D-Has Sovereign immunity
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| A compliant will have: (a) Heading and Caption (b)Body (c) Addendum and acknowledgement (d)all of the above | show 🗑
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| Evidence of a subsequent remedial measure may be introduced to establish? (a) fault (b)liability (c) there is a problem (d) control | show 🗑
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| show | B-My wife said John Slipped
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| show | D-Preponderance of the Evidence
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| show | F
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| show | F
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| Relevant evidence was always admissible? | show 🗑
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| show | T
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| Minnesota is a code pleading state? | show 🗑
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| Corporations are considered persons and may be parties to lawsuits? | show 🗑
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| A poorly drafted complaint can result in dismissal of the suit? | show 🗑
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| show | T
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| show | F
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| show | F
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| If a person fails to adequately investigate a claim they may be sanctioned? | show 🗑
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| show | T
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| show | F
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| show | F
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| In Minnesota we must identify in the complaint the case type? | show 🗑
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| show | F
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| show | T
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| show | T
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| show | rule 11.03 sanctions
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| show | 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.
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| 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 | show 🗑
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| show | 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
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| How is a civil action commenced in Federal Court? | show 🗑
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| How is a civil action commenced in Minnesota State court? | show 🗑
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| show | 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
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| show | summons
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| show | Notice and Acknowledgment. Rule 4.06
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| 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 | show 🗑
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| show | 18. 4.02
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| If we are suing the state of Minnesota who accept service on their behalf? | show 🗑
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| What is the accepted method of filing documents in the Federal courts? | show 🗑
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| show | Long arm statutes
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| show | default judgment
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| In setting aside a default judgment what rule governs? | show 🗑
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| What type of motion is brought seeking a pretrial order relating to the admissibility or inadmissibility of evidence? | show 🗑
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| show | dispositive or indispositive
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| show | Motion to dismiss for lack of personal jurisdiction. Rule 12.03
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| The formal pleading in response to a complaint is called a | show 🗑
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| List three types of affirmative defenses and what rule that controls? | show 🗑
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| When a defendant asserts a claim against the plaintiff they will file a | show 🗑
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| show | Reply
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| A claim by one party against another party in the same action (Defendant vs. Defendant) is called a: | show 🗑
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| show | F
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| show | F
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| A defendant who is in Minnesota under subpoena to testify in another case may be served with process on another matter? | show 🗑
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| A Memorandum Of Law must accompany every type of Motion to be considered by the court? | show 🗑
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| show | T
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| The Rule Of Civil Procedure that defines the general scope and limits of discovery is rule: (a) 26 (b) 16 (c) 33 (d) 30 | show 🗑
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| 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 | show 🗑
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| Initial disclosure eliminates the need for: (a) depositions (b) Summons and complaint (c) early interrogatories (d) subpoenas | show 🗑
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| A set of interrogatories must be signed by the: (a) client (b) Attorney (c) paralegal who prepares them (d) clerk of court | show 🗑
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| 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 | show 🗑
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| show | B-under oath
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| show | C – deponent
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| show | C –notice of deposition
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| 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 | show 🗑
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| 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 | show 🗑
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| show | C-Carefully identified to the attorney
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| 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 | show 🗑
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| The chronological numbering of documents is referred to as “beats” numbering? | show 🗑
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| show | T
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| show | F
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| Rule 37 covers request from medical examinations? | show 🗑
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| You must always attend the independent medical examination of the Physician chosen by the adverse party? | show 🗑
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| show | T
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| show | T
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| show | F
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| If one refuses to undergo a medical examination the requesting party has no recourse? | show 🗑
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| show | T
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| Depositions must be taken before stenographer or court order? | show 🗑
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| Only parties and eyewitnesses may be deposed? | show 🗑
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| show | F
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| show | F
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| show | F
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| Disclosures required by the Federal courts? | show 🗑
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| show | F
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| show | F
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| Both the state and Federal courts limit the number of interrogatories last to 50? | show 🗑
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| show | F
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| There are no sanctions available if one fails to respond to interrogatories within the prescribed period time? | show 🗑
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| 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? | show 🗑
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| show | F
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| 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? | show 🗑
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| show | 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
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| show | protective order. Rule 26.03 requirement to show why to protect from annoyance, oppression, or undue burden or expense.
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| show | rule 36. The effect is the matters admitted without the objections or answer. Unlimited requests may be asked.
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| The numbering of documents received in a request is called | show 🗑
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| show | Rule 35. No is not privileged or not discoverable. Rule 35.01 controls
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| The intentional destruction of requested documents are evidence is called: | show 🗑
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| The removal of non relevant, privileged or prejudicial material from documents is called: | show 🗑
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| show | subpoena duces ticum
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| show | rule 37.02
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