CIVIL LITIGATION - CHAPTERS 1-16

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MOVING PARTY

The party making a motion is known as the___________.

ARE NOT TECHNICALLY CONSIDERED PLEADINGS, BUT RESEMBLE PLEADINGS IN GENERAL FORMAT.

Papers filed in court in support of a motion ___________.

PRETRIAL MOTION

A motion for a summary judgment is an example of a __________.

MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT

A motion in which the moving party asks the judge to set aside a jury's decision and enter a different decision is known as a ____________.

THE ORAL OR WRITTEN TESTIMONY OF A PARTY OR WITNESS GIVEN UNDER OATH OUTSIDE A COURTROOM

Depositions are ___________.

THE INTERROGATORY

A relatively inexpensive type of discovery is __________.

THE CLIENT

The final decision to assert the attorney-client privilege remains with __________.

a. DETERMINING WHAT DOCUMENTS ACTUALLY WERE PREPARED IN ANTICIPATION OF LITIGATION.
b. THE FACT THAT THE WORK PRODUCT PRIVILEGE IS NOT AN ABSOLUTE PRIVILEGE.

Major problems with the work product privilege include __________.

THE COURT REPORTER

The individual who places a deponent under oath is __________.

THE CLERK OF COURT

A subpoena, an official document commanding a person to be present at a deposition, is issued by __________.

ASK THE DEPONENT QUESTIONS

A paralegal may not be asked to perform the following tasks at deposition __________.

IN WRITING AND UNDER OATH

Interrogatories may be answered __________.

UNLIMITED

The number of sets of interrogatories which may be served upon a party in federal court is __________.

a. THE PARTY SERVING THE INTERROGATORIES.
b. THE PARTY RECEIVING THE INTERROGATORIES.

The title of the interrogatories should identify __________.

a. THE INTERROGATORY IS OVERLY BROAD
b. REASONABLY CALCULATED TO LEAD TO DISCOVERY OF IRRELEVANT FACTS
c. THE INTERROGATORY IS UNDULY BROAD

An objection to interrogatories may be made if __________.

IS SOLELY IN THE DISCRETION OF THE TRIAL JUDGE.

Permission for the party to be examined to allow his or her own physician to be present during the examination __________.

CONDITION IN CONTROVERSY AND GOOD CAUSE.

The Federal Rules of Civil Procedure set out essential requirements for the trial judge to grant the motion for a compulsory examination, including __________.

BECAUSE THE DISCOVERY PROVISIONS UNDER THE FEDERAL RULES ARE RECIPROCAL

Caution must be exercised in asking for a copy of the physician's report or the laboratory test results after the examination of the firm's client __________.

FORMAL MOTION FOR COMPULSORY EXAMINATION WILL BE NECESSARY.

If agreement for a mental or physical examination cannot be reached, __________.

WILL BE PRODUCED IF THEY ARE REASONABLY CALCULATED TO LEAD TO ADMISSIBLE EVIDENCE.

Documents that would be inadmissible at trial __________.

DELETE

The term "react" is synonymous with __________.

REAL PROPERTY

A subpoena duces tecum cannot be used to obtain access to __________.

1. THE TRUTHFULNESS OF FACTS AND OPINIONS.
2. THE APPLICATION OF LAW TO FACTS.
3. THE GENUINENESS OF DOCUMENTS.

Request for admissions may include a request to admit __________.

DESCRIBES THE NATURE OF THE MOTION, THE GROUNDS FOR THE MOTION AND THE RELIEF REQUESTED.

The document entitled "motion" __________.

SUBPOENA OR SUBPOENA DUCES TECUM

The legal means to secure the presence of a nonparty witness for deposition is known as __________.

1. AT THE LOCATION WITH THE DEPONENT AND THE ATTORNEY DEFENDING THE DEPOSITION.
2. AT THE LOCATION OF THE ATTORNEY ASKING THE QUESTIONS.

In a telephone deposition, the court reporter is __________.

INCLUDES THE AUTHORITY TO REQUIRE A HEARING IN SOME CASES.

The discretion of the trial judge to grant a motion for a compulsory examination __________.

1. DETER THE FILILNG OF FRAUDULENT OR EXAGGERTED LAWSUITS.
2. UNCOVER INCONSISTENCIES BETWEEN A PLAINTIFF'S SUBJECTIVE COMPLAINTS AND THE OBJECTIVE NATURE OF THE INJURY.
3. SUBSTANTIATE THE ACTUAL INJURIES OF THE PLAINTIFF.

Reasons for allowing physical and mental examinations are to __________.

1. A PROTECTIVE ORDER
2. A CONFIDENTIALITY ORDER

The secrecy of documents may be assured by __________.

IT BECOMES A JUDICIAL ADMISSION.

Once an admission is made __________.

MEMORANDUM OF POINTS AND AUTHORITIES.

A document setting forth a legal argument in support of or in opposition to a motion is called a __________.

AFFIDAVIT / DECLARATION

A statement under penalty of perjury, sworn to before a notary, describing the factual basis for making or opposing a motion is called a/an __________.

A SANCTION

If an attorney makes a frivolous motion, the court will probably issue __________ against the attorney to punish him.

MOTION FOR PROTECTIVE ORDER.

Secret information can be protected by a court order that is known as a/an __________.

26

Mutual disclosure of certain information has been mandated in civil lawsuits in federal court by Federal Rule __________.

TRANSCRIPT

The written copy of a deposition is known as a/an __________.

TAKING

The attorney who asks questions during a deposition is said to be __________ the deposition.

NON PARTY

Unlike depositions, interrogatories, cannot be served on __________ witnesses involved in a lawsuit.

GOOD

A substantial reason, in law, for taking actkion is known __________ cause.

COURT

Total discretion for the granting of a physical or mental examination lies with the __________.

REQUEST FOR DOCUMENTS

A request by one party in a lawsuit to the other party to follow the first party access to documents that are relevant to suit is known as a/an __________.

MUTUAL

Most physical and mental examination are scheduled by the _________ consent of the parties to the lawsuit.

PRODUCTION LOG

A log used to tract documents is known as a/an __________.

SIMPLIFY

The primary purpose of the request for admissions is to __________ a lawsuit by reducing the number and the nature of the points in controversey.

DEEMED

Any request for admissions that is not denied is __________ admitted.

COMPLAINT

The process of civil litigation formally begins when one party files a/an __________.

ARBITRATION

An out-of-court process for resolving disputes between individuals in which a neutral party hears both sides of the dispute and then makes a decision is known as __________.

PRIMARY SOURCES

Law books which contain the actual law itself are referred to as __________.

PROCEDURAL LAW

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

TRIAL COURT

Factual disputes are generally resolved in __________.

DETERMINING IF ANY LEGALERRORS OCCURRED AT THE TRIAL LEVEL.

The role of the appellate court includes __________.

PETITION FOR WRIT OF CERTIORARI

To request a hearing in the Supreme Court, a party generally files a __________.

EITHER THE DEFENDANT'S RESIDENCE OR THE PLACE WHERE THE CAUSE OF ACTION AROSE.

Proper venue in a federal action based on diversity of citizenship can be determined by __________.

CODES

Statutes of limitation are generally found in __________.

THE DEFENDANT IN A LAWSUIT IS A GOVERNMENTAL ENTITY.

Claim statutes commonly apply when __________.

A CALENDARING SYSTEM

A tickler system is __________.

RETAINER AGREEMENT

A form which establishes the ground rules of litigation, including fees, billing rates, retainer, and work to be performed by the law firm is known as a/an __________.

TRE SECRETARY OF STATE'S OFFICE.

The name and address of an agent for service of process for a corporation can usually be obtained from __________.

ESTABLISHING THAT A DOCUMENT IS WHAT IT PURPORTS TO BE.

Authentication refers to __________.

CAPTION

The part of a complaint or petition that identifies the parties to the lawsuit is known as the __________.

A VERIFICATION

An express statement under penalty of perjury that the contents of a document are true is known as __________.

A CHILD LACKS CAPACITY TO SUE.

A five-year old child cannot maintain a lawsuit in his own name because __________.

PERMISSIVE JOINDER

Jaworksy, the driver of a vehicle, and Bigelow, a passenger in that car, were both injured in an automobile accident caused by the negligence of Thornton, the operator of another vehicle. Jaworsky and Bigelow are both allowed to sue Thornton in the same complaint because of the law regarding __________.

BY THE ATTORNEYS FOR PLAINTIFF AND DEFENDANT.

A stipulation enlarging time to respond should be signed __________.

A CAPTION

All answers contain __________.

A THIRD PARTY COMPLAINT

Defendants are required to have a new summons issued when they file __________.

A MOTION FOR A MORE DEFINITE STATEMENT.

If a complaint in a federal court action is vague and ambiguous, the defendant should file __________.

NOTORIZED DOCUMENT SIGNED UNDER PENALTY OF PERJURY.

Which of the following is not an exception to the hearsay rule?

1. GATHER APPROPRIATE EVIDENCE.
2. ASSIST IN CONDUCTING RELEVANT DISCOVERY.
3. DRAFT AND REVIEW PLEADINGS.

Knowing the elements of a cause of action in a case enables the paralegal to __________.

IN THE LAW FIRM'S TRUST ACCOUNT

Funds belonging to a client should be kept __________.

SUBJECT MATTER JURISDICTION.

The authority that a court has to hear a particular type of case is known as __________.

THE DATE THE PLAINTIFF RETAINS AN ATTORNEY.

Which of the following never starts the running of a statute of limitations?

RECORDS THE CHAIN OF POSSESSION OF A PIECE OF EVIDENCE.

An evidence log __________.

EQUITABLE RELIEF

Andrews and Bates have a written contract in which Bates promised to sell Andrews a piece of real estate. Bates refued to complet the transaction. Andrews sued Bates for specific performance, asking the court to order Bates to complete the sale. This action is for __________.

A GENERAL DENIAL

A type of answer that challenges all of the allegations in a complaint is __________.

DISCOVERY

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.

LEGAL

Paralegals cannot give __________ advice to parties.

TRIAL

A court of appeals reviews what happened in the __________ court.

SUBJECT MATTER

The power that a court has to hear a particular case is known as __________ jurisdiction.

CAUSE OF ACTION

Each element of a __________must be proven at trial in order for plaintiff to prevail.

LACHES

Time limitations in equitable cases are often affected by the principle of __________, which is based on the concept of fairness.

CONFIDENTIAL

Communication between an attorney and client is __________, and should never be repeated without the client's consent.

CIRCUMSTANTIAL

Evidence is evidence that is not based on personal observation, but does lead a judge or jury to infer a particular conclusion about a disputed fact.

SUBSCRIPTION

The attorney's signature at the end of a complaint is called a __________.

SUMMONS

The document issued by the court clerk at the time of filing a complaint is known as a __________.

GENERAL DENIAL

A type of answer, often only containing one paragraph, in which defendant denies all of the allegations of the comlaint is a __________.

COMPULSORY-COUNTERCLAIM

Counterclaims that must be asserted or lost are known as __________.

75, 000

Jurisdiction based on diversity of citizenship requires that if money damages are requested, the amount in dispute must exceed __________.

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