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Midterm Study Questions:

The following are the types of questions you can expect on the Midterm. The
questions on the midterm, however are NT limited to these questions. The
following questions do not include the material in the !alifornia Supplement, or
matters we may have discussed in class. "nything in chapters #$% and & in the
!alifornia Supplement and anything we have discussed in class is covered in the
midterm.
!'(') )'T'*"T'N !+",T-. #
True/0alse
1. Most aspects of civil litigation occur in the courtroom.
2. The rules of civil procedure differ substantially from the rules of criminal procedure.
3. Rules and procedures of civil litigation are consistent from state to state.
4. In some states the initial pleading in a lawsuit is called a petition.
. The most common method of resolving civil disputes is settlement.
!. "rbitration is a form of settlement.
#. $ase law has little% if any% relevance to the law of civil procedure.
&. " litigation paralegal often appears in court.
'. $ontinuing legal education is important for a litigation paralegal.
1(. )itigation paralegals often rely on form boo*s and forms files.
0actual "nalysis
+oo buys a new automobile. +hile driving the car home from the dealership% the bra*es
fail% the car crashes% and +oo is seriously in,ured. +oo retains the law firm of -raft and
Molina and they file a lawsuit claiming damages for these in,uries. .rady wor*s as a
paralegal in that law firm.
11. In the lawsuit% -raft and Molina are the plaintiffs.
12. .rady would be allowed to interview witnesses to the accident.
13. .rady would be allowed to prepare a draft of the complaint to be filed in the action.
14. .efore filing a lawsuit% the parties would be re/uired to arbitrate their dispute.
1. This is a criminal case.
Multiple !hoice
1!. +hich 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 in,uries resulting from an automobile accident
1#. The process of civil litigation formally begins when one party files a
a. complaint
b. answer0
c. motion
d. writ
1&. The pleading filed by a defendant denying that the plaintiff is entitled to any relief is
*nown as the
a. petition
b. answer0
c. writ
d. summons
1'. +hich of the following is not an alternative to litigation
a. settlement
b. mediation
c. arbitration
d. discovery
2(. "n out1of1court process for resolving disputes between individuals in which a neutral
party hears both sides of the dispute and then ma*es a decision is *nown as
a. arbitration
b. mediation
c. trial
d. litigation
21. )aw boo*s which contain the actual law itself are referred to as
a. form boo*s
b. primary sources
c. secondary sources
d. legal encyclopedias
22. The primary source of the law is found in
a. codes
b. case reporters
c. constitutions
d. all of the above
23. )aws containing the methods used to enforce our rights or to obtain redress for the
violation of our rights is *nown as
a. substantive law
b. procedural law
c. civil law
d. criminal law
24. +hich of the following cannot be done by a paralegal
a. interviewing clients
b. researching law
c. drafting pleadings
d. as*ing /uestions at a deposition
2. +hich of the following s*ills are needed by paralegals
a. ability to communicate orally and in writing
b. organi2ational and analytical s*ills
c computer literacy
d. all of the above
0ill$in$the$1lan2
2!. 3nless a case is settled% litigation results in a 4444444444% where parties present
their evidence to a ,udge or ,ury.
2#. )aws that deal with private disputes between parties are *nown as 4444444444
laws.
2&. )itigation formally begins when a plaintiff files a written document% *nown as a
4444444444% in court.
2'. If a defendant ignores a complaint and files no responsive papers% the defendant
4444444444.
3(. " defendant often challenges the allegations of a complaint with an 4444444444.
31. "fter the parties have filed appropriate documents% litigation proceeds with
4444444444% a part of the case where the parties try to find out as much as they can
about the other side5s case.
32. The phrase 4444444444 applies to the many procedures utili2ed by parties in an
attempt to avoid litigation.
33. The area of law that creates% defines% or e6plains an individuals rights is *nown as
4444444444.
34. " secondary source that is heavily relied upon by litigation attorneys and paralegals
is the 4444444444.
3. 7aralegals cannot give 4444444444 advice to parties.
!'(') )'T'*"T'N !+",T-. 3
True/0alse
1. )itigation usually begins in a trial court.
2. " court of appellate ,urisdiction is a court where the case begins and is tried.
3.7leadings are filed in a trial court.
4. +ithin the federal court system% trial courts are called superior courts.
. +ithin the federal court system% a separate appellate court district e6ists for each of
the ( states.
!. The 3nited 8tates 8upreme $ourt has original ,urisdiction for some matters.
#. Trial courts within state court systems are all referred to as district courts.
&. .efore proceeding with a case% the court must have either sub,ect matter or personal
,urisdiction.
'. 8tatutes allowing states to e6ercise ,urisdiction over non1resident defendants are
*nown as long1arm statutes.
1(. 9enue is a type of ,urisdiction
0actual "nalysis
8tevens% a citi2en of the state of :*lahoma% was involved in an automobile accident with
;ac*son% a citi2en of the state of "labama. 8tevens is in,ured and wishes to sue.

11. If the accident happened in :*lahoma% the state courts of :*lahoma could not
e6ercise personal ,urisdiction over ;ac*son because he is not a citi2en of that state.
12. If the accident happened in "labama% the state courts of :*lahoma would have
,urisdiction to hear the case.
13. If the accident happened in "labama% the state courts of "labama would have
,urisdiction% even though 8tevens is not a citi2en of that state.
14. If the accident happened in "labama% the state courts of "labama and :*lahoma
have concurrent ,urisdiction.
1. If the accident happened in "labama% and 8tevens5 damages e6ceed <#%(((% the state
courts of "labama and the federal court have concurrent ,urisdiction.
Multiple !hoice
1!. Trial courts are sometimes referred to as
a. courts of appellate ,urisdiction
b. courts of original ,urisdiction
c. lower courts
d. both b and c
1#. =actual disputes are generally resolved in
a. a trial court
b. an appellate court
c. a supreme court
d. all of the above
1&. The role of the appellate court includes
a. determining the credibility of witnesses at the trial level
b. reevaluating the factual determinations made by the trial
court
c. determining if any legal errors occurred at the trial level
d. hearing testimony from important witnesses
1'. " court of last resort is sometimes referred to as
a. a trial court
b. an appellate court
c. a supreme court
d. a court of original ,urisdiction
2(. In a federal case% trials generally occur in the
a. district court
b. courts of appeal
c. 8upreme $ourt
d. all of the above
21. " three ,udge panel is usually found in
a. 3nited 8tates district courts
b. 3nited 8tates courts of appeal
c. 3nited 8tates 8upreme $ourt
d. all of the above
22. To re/uest a hearing in the 8upreme $ourt a party generally files a
a. complaint
b. brief
c. petition for writ of certiorari
d. memorandum of points and authorities
23. The authority that a court has to hear a particular type of case is *nown as
a. sub,ect matter ,urisdiction
b. personal ,urisdiction
c. in rem ,urisdiction
d. /uasi in rem ,urisdiction
24. " state always has ,urisdiction over a defendant in a lawsuit if
a. the defendant is a 3.8. citi2en
b. the defendant is a citi2en of that state
c. the plaintiff sustained in,uries or damages within the state
d. both b and c
2. 7roper venue in a federal action based on diversity of citi2enship can be determined
by
a. either the defendant5s residence or the place where the
cause of action arose
b. only by the defendant5s residence
c. only by the plaintiff5s residence
d. only by where the cause of action arose
0ill$in$the$1lan2
2!. " court where a case begins and is tried is a court of 4444444444 ,urisdiction.
2#. " court of appeals reviews what happened in the 4444444444 court.
2&. "n appellate court5s role is to determine if any 4444444444errors occurred in the trial
court.
2'. Trial courts in the federal system are *nown as 4444444444 court
3(. The power that a court has to hear a particular case is *nown as
4444444444,urisdiction..
31. In rem ,urisdiction is based on the fact that 4444444444 located within a state is the
sub,ect of the lawsuit.
32. ;urisdiction based on diversity of citi2enship re/uires that if money damages are
re/uested% the amount in dispute must e6ceed 4444444444.
33. "nother term for supplemental ,urisdiction of the federal courts is 4444444444
,urisdiction.
34. +hen an appellate court changes a lower court5s decision and sends the case bac* for
retrial% the court 4444444444 the case.
3. In order to invo*e /uasi in rem ,urisdiction% the defendant5s property must be brought
before the court in an 4444444444 proceeding.
!'(') )'T'*"T'N !+",T-. %
True/0alse
1. " cause of action is a legally recogni2ed right to relief.
2. >ach element of a cause of action must be proven at trial in order for the plaintiff to
prevail.
3. " paralegal5s understanding of the elements of a cause of action in any particular case
is relatively unimportant.
4. If a case is not filed within the appropriate statute of limitations% the case will be
dismissed regardless of the merits of the case.
. "ll federal lawsuits must be filed within one year of the date the cause of action
arises.
!. The doctrine *nown as laches re/uires plaintiffs to present written claims to
defendants prior to filing lawsuits.
#. "n efficient tic*ler system is essential for *eeping trac* of time limitations on cases.
&. .ecause of the conflict of interest% a law firm can never sue a party whom it has
previously represented.
'. "n attorney can commingle his own personal assets with property belonging to a
client as long as the attorney *eeps accurate records.
1(. )itigation paralegals need not be concerned with ethical problems% since various
canons of ethics and rules of professional conduct apply only to attorneys.
0actual "nalysis
=enton wor*s as a paralegal in a law firm which represents -ramer in a claim for
damages resulting from an automobile accident. -ramer was a passenger in a car driven
by ?i8alvo. The accident occurred when ?i8alvo negligently ran a stop sign. ?i8alvo is
represented by the law firm of :gawa and Robles.
11. "ssume that =enton5s brother1in1law once wor*ed for ?i8alvo. This would create a
conflict of interest and the law firm should refer -ramer to another attorney
12. "ssume that =enton once wor*ed for the law firm of :gawa and Robles% although he
never wor*ed on any cases involving ?i8alvo. This would create a conflict of
interest and =enton should not be allowed to wor* on the -ramer case.
13. =enton discusses this case in great detail% mentioning names% with 8teele% a close
friend a paralegal who wor*s for a different law firm. 8teele promises not to repeat
anything. =enton has nevertheless breached a duty of confidentiality.
14. =enton is as*ed to do some investigation regarding this case. =enton telephones
?i8alvo% without the *nowledge or consent of ?i8alvo5s attorneys% and as*s ?i8alvo
/uestions about the case. "s long as =enton is properly identified as a paralegal
wor*ing for -ramer% this conduct on the part of =enton is permissible.
1. :gawa and Robles are probably handling this case on a contingent fee basis.
Multiple !hoice
1!. The e6istence of a cause of action
a. is necessary to a lawsuit
b. is related to the law governing a particular case
c. is related to the facts of a particular case
d. all of the above
1#. -nowing the elements of a cause of action in a case enables the paralegal to
a. gather appropriate evidence
b. assist in conducting relevant discovery
c. draft and review pleadings
d. all of the above
1&. 8tatutes of limitation are generally found in
a. codes
b. cases
c. constitutions
d. all of the above
1'. +hich of the following never starts the running of a statute of limitations
a. the date a wrongful act occurs
b. the date the plaintiff discovers a wrongful act
c. the date the plaintiff retains an attorney
d. all of the above
2(. $laim statutes commonly apply when
a. a lawsuit results from an automobile accident
b. the defendant in a lawsuit is a governmental entity
c. the plaintiff in a lawsuit is a governmental entity
d. both b and c
21. " tic*ler system is
a. a computeri2ed system to *eep trac* of potential conflicts
of interest
b. a calendaring system
c. a complete list of current and past defendants
d. both a and c
22. If an attorney decides not to ta*e a case% that attorney should always
a. clearly communicate that fact to the concerned individual
b. fully e6plain the reasons for turning down the case
c. refer the individual to another attorney for a second opinion
d. all of the above
23. " contingent fee arrangement means that
a. the attorney bills for each hour spent on the case
b. the attorney has accepted a fi6ed sum to handle the case
c. the attorney will ta*e a percentage of the recovery as the
fee
d. the attorney will recover the fee from the defendant
24. =unds belonging to a client should be *ept
a. in the law firm5s general account
b. in the attorney5s personal account
c. in the law firm5s trust account
d. either a or c
2. -eeping an accurate and complete client list is important so that the law firms can
a. send out notices when attorneys enter or leave the law firm
b. determine and avoid conflicts of interest
c. send regular accountings of all trust monies to clients
d. all of the above
0ill$in$the$1lan2
2!. >ach element of a 4444444444 must be proven at trial in order for plaintiff to prevail
2#. In professional malpractice cases% statutes of limitation often begin to run on the date
of 4444444444 of the wrong doing.
2&. In lieu of statutes of limitations% lawsuits against governmental entities must meet
time re/uirements found in 4444444444 statutes.
2'. Time limitations in e/uitable cases are often affected by the principle of 4444444444%
which is based on the concept of fairness.
3(. "ttorneys are sub,ect to codes of conduct referred to as $annons of >thics or Rules
of 4444444444.
31. " conflict of interest can arise when a law firm is as*ed to sue a party whom it
previously 4444444444.
32. $ommunication between an attorney and client is 4444444444% and should never be
repeated without the client5s consent.
33. +ritten fee agreements are often called 4444444444 agreements.
34. $lient funds must always be *ept in the attorney5s 4444444444 account.
3. .oth @")" and @=7" have developed ethical guidelines to govern 4444444444.
!'(') )'T'*"T'N !+",T-. &
True/0alse
1. "ll documents filed in court are *nown as pleadings.
True
=alse
2. $ourts generally ta*e a liberal attitude in determining the legal sufficiency of
pleadings.
True
=alse
3. "ll complaints contain a verification.
True
=alse
4. +hen parties in a lawsuit are re/uired to be ,oined% they are sometimes referred to as
indispensable parties.
True
=alse
. " complaint usually contains allegations showing that the court in which the action is
filed has both ,urisdiction and venue.
True
=alse
!. "ll complaints filed in federal court must e6pressly state a cause of action.
True
=alse
#. 7unitive damages are also referred to as e6emplary damages.
True
=alse
&. " summons is a court order% directing a defendant to appear personally in court.
True
=alse
'. "ll complaints must be personally served on the defendant.
True
=alse
1(. " complaint and summons in a federal action can usually be served by the plaintiff% a
licensed process server or by the 3.8. Marshall.
True
=alse
0actual "nalysis
7ia22a% a pedestrian was in,ured when struc* by a vehicle driven by ?elaney% who ran a
stop sign. "t the time of the accident% ?elaney% an interior designer% was on his way to a
client5s home. The vehicle that ?elaney was driving was owned by >6/uisite Aomes% the
company ?elaney wor*ed for. In fact% >6/uisite Aomes is an incorporated business
whose legal corporate name is ?B"% Inc. The business is a small corporation whose
shareholders are ?elaney% Bregorio and "llen. They are also the directors and officers of
the corporation. 7ia22a wishes to sue for his in,uries.
11. 7ia22a would probably sue for a type of damage *nown as compensatory damages.
True
=alse
12. 7ia22a5s medical bills are an item of special damages
True
=alse
13. 7ia22a5s pain and suffering is an item of special damages
True
=alse
14. ?elaney should not be named as a defendant in this lawsuit since she is a director and
officer of the corporation.
True
=alse
1. If >6/uisite Aomes is sued it should be identified in the complaint as C?B"% Inc.% a
corporation% doing business as >6/uisite Aomes.
True
=alse
Multiple !hoice
1!. Technical rules regarding form and content of pleadings are often found in
a. case law
b. form boo*s
c. local rules of court
c. state constitutions
1#. The part of a complaint or petition that identifies the parties to the lawsuit is *nown
as
a. the caption
b. the allegations
c. the prayer
a. the subscription
1&. "n e6press statement under penalty of per,ury that the contents of a document are
true is *nown as
a. an allegation
b. a contention
c. a verification
a. a subscription
1'. " five year old child cannot maintain a lawsuit in his own name because
a. the child is not a real party in interest
b. a child lac*s capacity to sue
c. a child does not have status to sue
d. all of the above
2(. ;awors*y% the driver of a vehicle% and .igelow% a passenger in that car% were both
in,ured in an automobile accident caused by the negligence of Thornton% the operator of
another vehicle. ;awors*y and .igelow are both allowed to sue Thornton in the same
complaint because of the law regarding
a. permissive ,oinder
b. compulsory ,oinder
c. class actions
d. indispensable parties
21. " complaint filed in federal court
a. is limited to one claim or count
b. need not contain a specific demand for relief
c. should contain an allegation setting forth the basis for
federal ,urisdiction
d. all of the above
22. "ndrews and .ates have a written contract in which .ates promised to sell "ndrews
a piece of real estate. .ates% refused to complete the transaction. "ndrews sued .ates for
specific performance as*ing the court to order .ates to complete the sale. This action
a. is for compensatory damages
b. is for punitive damages
c. is for e/uitable relief
e. is for declarative relief
23. " court order re/uiring that a party ta*e some action or refrain from certain conduct
issued by a court without a formal hearing at the beginning or a lawsuit is *nown as
a. a temporary restraining order
b. a preliminary in,unction
c. a permanent in,unction
d. declaratory relief
24. 8ervice of a complaint and summons on a corporation is accomplished by
a. serving any director of the corporation
b. serving any employee of the corporation
c. serving the agent for service of process
d. both a and c
2. " plaintiff is usually allowed to amend a complaint
a. at any time by simply filing an amended complaint
b. only as long as the defendant has not filed an answer0
c. only if the plaintiff has obtained a prior court order
d. if all other parties have stipulated in writing that the
complaint can be amended
0ill$in$the$1lan2
2!. "ll complaints contain 4444444444 which are statements describing the contentions
and defenses of the parties to the lawsuit.
2#. The attorney5s signature at the end of a complaint is called a 4444444444.
2&. Minors and incompetents must have a 4444444444 appointed in order to pursue a
lawsuit.
2'. The term CdbaC refers to a business that uses a 4444444444.
3(. =ictitiously names defendants% often found in complaints filed in state court% are
*nown as 4444444444.
31. +hen the number of potential plaintiffs in an action becomes too numberous to be
practically ,oined and named% a 4444444444 can result.
32. +hen a plaintiff has multiple claims against a defendant% the resulting lawsuit may
contain numerous causes or action or 4444444444.
33. The demand for relief in a complaint is often referred to as a 4444444444.
34. +hen a complaint if filed% the court assign a 4444444444 number.
3. The document issued by the court cler* at the time of filing a complaint is *nown as
a 4444444444.