Civil Litigation Final Exam
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| show | F
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| Paralegals may provide legal services directly to the public without supervision of the attorney? | show 🗑
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| show | F
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| The federal trial court is called the Circuit Court? | show 🗑
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| show | F
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| show | F
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| Paralegals are permitted to discuss fees with clients after but only after they conduct the interview? | show 🗑
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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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| show | T
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| Minnesota does not follow the law of “contributory negligence” but has adopted “comparative fault”? | show 🗑
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| The geographical location in which a matter is brought to court refers to “venue”? | show 🗑
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| show | T
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| show | F
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| show | T
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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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| An intermediate appellate court has original jurisdiction over controversies between two states and hears only questions of fact? | show 🗑
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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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| A fee arrangement calculating the fees an attorney is entitled to based on a percentage of what is recovered is called a | show 🗑
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| List the four elements necessary to establish negligence: | show 🗑
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| show | permission
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| The burden of proof in a civil case is | show 🗑
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| Defenses to negligence cases are | show 🗑
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| show | domicile
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| The trial court in Minnesota and in the Federal system is called the | show 🗑
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| show | C-Due Process of Law
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| Pleadings are: (a) formal documents that set forth claims and defenses (b) informal exchanges of information (c)statements of guilt or innocence (d) investigation | show 🗑
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| 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 | show 🗑
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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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| show | D-All of the Above
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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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| 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 | show 🗑
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| show | D-Preponderance of the Evidence
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| In federal court you must include a demand for a jury trial within the summons and complaint or it is waived? | show 🗑
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| The summons is the document that states that I’m in which the plaintiff must appear and defend? | show 🗑
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| Relevant evidence was always admissible? | show 🗑
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| Evidence of a subsequent remedial measure may be used to establish fault or liability? | show 🗑
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| show | F
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| show | T
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| show | T
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| show | T
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| Under the best evidence rule, in certain instances only the original document may be admitted? | show 🗑
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| Lay witnesses may give opinions as long as based on facts that they have heard? | show 🗑
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| show | T
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| The person appointed by a court to represent one who is otherwise incompetent is called “guardian ad litem”? | show 🗑
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| show | F
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| show | F
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| show | T
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| If we offer to settle the case, and the negotiation breaks down that offer may be introduced to establish fault or negligence? | show 🗑
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| show | T
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| In order to commence a lawsuit you must have standing? | show 🗑
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| show | rule 11.03 sanctions
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| When drafting a complaint in Minnesota and what is the maximum amount one can seek and what rule governs? | show 🗑
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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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| 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? | show 🗑
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| How is a civil action commenced in Federal Court? | show 🗑
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| show | Service
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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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| 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 | show 🗑
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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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| show | E filing
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| show | Long arm statutes
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| 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 | show 🗑
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| In setting aside a default judgment what rule governs? | show 🗑
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| show | Motion in Limine
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| show | dispositive or indispositive
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| When a defendant feels that they are not subject to the jurisdiction of the court they will file what type of motion? | show 🗑
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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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| show | Counterclaim
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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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| Once a complaint is served upon a defendant, in may not be amended without prior court order? | show 🗑
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| show | F
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| show | F
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| show | T
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| show | A-Rule 26
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| show | B-appear that it will lead to admissible evidence
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| show | C-Early interrogatories
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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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| show | C – avoid distortion or misrepresentation
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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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| show | C – court reporter
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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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| During production, privilege document should be: (a) destroyed (B) hidden (C) carefully identified to the Atty. (d) provided to the other party | show 🗑
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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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| show | T
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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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| Protective orders may allow a person not to answer interrogatories? | show 🗑
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| Interrogatories can only be served on parties to the action? | show 🗑
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| Depositions may be taken off only parties? | show 🗑
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| If one refuses to undergo a medical examination the requesting party has no recourse? | show 🗑
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| The depositions can be used to evaluate yet the party? | show 🗑
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| show | F
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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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| show | F
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| Information on computers is never discoverable as it is proprietary? | show 🗑
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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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| show | F
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| Depositions may last as long as the person asking the questions desires? | show 🗑
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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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| 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? | show 🗑
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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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| show | bates numbers
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| 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? | show 🗑
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| show | spoliation
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| The removal of non relevant, privileged or prejudicial material from documents is called: | show 🗑
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| In order of the court requiring a witness to appear in produce documents are items is called a: | show 🗑
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| show | rule 37.02
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