A paralegal is entitled to do all those things a lawyer may do as long as:

Question 1 A paralegal is entitled to do all those things a lawyer may do as long as:

 

Question options:

 

the paralegal is working under the supervision of a lawyer.                 

 

the paralegal takes full responsibility for his or her actions.               

 

the paralegal is certified.                     

 

none of the above

 

Question 2 An example of a wrongful act that will not give rise to a cause of action:

 

Question options:

 

the breach of a contractual duty.

 

the breach of a statutory duty.

 

the breach of a duty established by common law.

 

the breach of an ethical duty.

 

Question 3 A lawyer must disclose a potential conflict of interest to the client where the opposing party is a former client.

 

Question options:

 

                True

 

                False

 

Question 4 A lawyer need not comply with a client’s request that the lawyer:

 

Question options:

 

commence a groundless lawsuit.

 

not assert a claim.

 

settle a lawsuit.

 

dismiss a lawsuit.

 

Question 5 Insofar as a statute is inconsistent with a common law rule, the common law rule is abrogated.

 

Question options:

 

                True

 

                False

 

Question 6 A lawyer may not withdraw from a pending case if the withdrawal would prejudice the client’s legal interests and burden the court.

 

Question options:

 

                True

 

                False

 

Question 7 Lower courts may not ignore the rule of stare decisis even if they find the result to be terribly unfair to the injured party.

 

Question options:

 

                True

 

                False

 

Question 8 A judgment obtained in one jurisdiction cannot be enforced in another jurisdiction.

 

Question options:

 

                True

 

                False

 

Question 9 Who does not have to provide a reason for terminating the lawyer-client relationship?

 

Question options:

 

the lawyer

 

the client

 

the judge

 

none of the above

 

Question 10 A lawyer may be disbarred for committing an act involving moral turpitude.

 

Question options:

 

                True

 

                False

 

 

 

PA110 Civil Litigation

 

Unit 2 Quiz

 

Question 1 Which of the following cases would NOT have jurisdiction under the federal judicial system?

 

Question options:

 

civil lawsuits that arise under federal laws.                 

 

cases between two or more states.                

 

cases between a citizen of one state and the citizen of another state where the amount in controversy is $40,000.

 

civil lawsuits that arise under the United States Constitution.

 

Question 2 The absence of personal jurisdiction is an affirmative defense that may be waived either intentionally or inadvertently.

 

Question options:

 

                True

 

                False

 

Question 3 In determining whether there is a diversity of citizenship between the plaintiff and defendant so that the case may be litigated in a federal district court, the court looks to the parties’ citizenship at the time of the occurrence (accident) that gave rise to the action.

 

Question options:

 

                True

 

                False

 

Question 4 State legislatures may change the structure and functions of state courts through legislation.

 

Question options:

 

                True

 

                False

 

Question 5 As long as the court has personal jurisdiction over the defendant the action may proceed against the defendant even though the court lacks subject matter jurisdiction.

 

Question options:

 

                True

 

                False

 

Question 6 The federal judicial system will:

 

Question options:

 

hear and decide civil lawsuits that arise under the United States Constitution, federal laws, and treaties.

 

adjudicate cases between two or more states.

 

adjudicate all cases between a citizen of one state and the citizen of another state.

 

(a) and (b).

 

all of the above.

 

Question 7 During an interview, an investigator may need to provide a witness with an overview of the known facts in the case.

 

Question options:

 

                True

 

                False

 

Question 8 Telephone interviews are always just as effective as in-person interviews.

 

Question options:

 

                True

 

                False

 

Question 9 What type of jurisdiction involves the court’s jurisdiction or authority over a person obtained through due process?

 

Question options:

 

Subject matter jurisdiction                  

 

Personal jurisdiction

 

Territorial jurisdiction

 

All of the above                                       

 

Question 10 When may subject matter jurisdiction be challenged?

 

Question options:

 

only in the defendant’s answer to the complaint.                    

 

only in a motion before the court.                   

 

only in an appeal.                    

 

at any time, even after entry of judgment.

 

 

 

PA110 Civil Litigation

 

Unit 3 Quiz                       

 

Question 1 Even though a defendant’s negligence is not the proximate cause of the accident, the defendant may be liable if the defendant’s conduct was particularly egregious.

 

Question options:

 

                True

 

                False

 

Question 2 In a product liability case, the plaintiff’s claim may be based upon:

 

Question options:

 

negligence.

 

breach of warranty.

 

strict liability in tort.

 

all of the above.

 

none of the above.

 

Question 3 The clerk of court assigns a file number to the action when the complaint is filed, but all subsequent pleadings, motions, orders, affidavits, and depositions must be given a new and separate number.

 

Question options:

 

                True

 

                False

 

Question 4 Each cause of action is limited in the kinds of remedies a court can grant.

 

Question options:

 

                True

 

                False

 

Question 5 Consent is a complete defense to an action in trespass.

 

Question options:

 

                True

 

                False

 

Question 6 Which rule under the Federal Rules of Civil Procedure requires lawyers and parties to believe there is good basis in law and fact for any cause of action asserted in a complaint?

 

Question options:

 

Rule 8

 

Rule 11

 

Rule 26

 

Rule 33

 

Question 7 What a plaintiff must prove is largely determined by:

 

Question options:

 

the geographical jurisdiction of the court.

 

the dollar value of the claim.

 

the cause of action asserted in the complaint.

 

the doctrine of res judicata.

 

Question 8 The place of the occurrence may determine:

 

Question options:

 

whether the court has jurisdiction.

 

which state’s laws apply in determining the parties’ substantive rights.

 

whether the parties have complied with all notice requirements.

 

(a) and (b) only.

 

all of the above.

 

Question 9 A claim for relief must have a legal theory to support it or a court will disallow it.

 

Question options:

 

                True

 

                False

 

Question 10 The Federal Rules of Civil Procedure allow courts discretion to try a case although the plaintiff’s complaint does not assert a cause of action.

 

Question options:

 

                True

 

                False

 

 

 

PA110 Civil Litigation

 

Unit 4 Quiz

 

Question 1 A statute of limitations ordinarily begins to run against a cause of action at the time the cause of action accrues.

 

Question options:

 

                True

 

                False

 

Question 2 The plaintiff is required to prove all allegations that the defendant admits in the answer are true.

 

Question options:

 

                True

 

                False

 

Question 3 Under the Rule 13 of the Federal Rules of Civil Procedure, a compulsory counterclaim arising from the same transaction or occurrence as the plaintiff’s claim must be asserted in the answer.

 

Question options:

 

                True

 

                False

 

Question 4 Most affirmative defenses must be proven:

 

Question options:

 

by clear and convincing evidence.

 

beyond a reasonable doubt.

 

by a preponderance of the evidence.

 

by prima facie evidence.

 

Question 5 The time period for filing the answer begins the day after the summons and complaint are served.

 

Question options:

 

                True

 

                False

 

Question 6 An affirmative defense that is not raised in the defendant’s answer or in a motion is waived.

 

Question options:

 

                True

 

                False

 

Question 7 The defense of contributory negligence has been abolished by those states that have adopted:

 

Question options:

 

stricter requirements for proving negligence.

 

no-fault reform statutes.

 

assumption of risk as an affirmative defense.

 

the comparative fault doctrine.

 

Question 8 Consent is an affirmative defense to a claim based upon trespass to the plaintiff’s real estate.

 

Question options:

 

                True

 

                False

 

Question 9 Every cause of action is subject to a particular statute of limitations.

 

Question options:

 

                True

 

                False

 

Question 10 An award received through arbitration may be enforced through a court by having the award confirmed by the court.

 

Question options:

 

                True

 

                False

 

 

 

PA110 Civil Litigation

 

Unit 6 Quiz

 

Question 1 Federal rules require the notice of taking deposition to specify how the testimony will be recorded.

 

Question options:

 

                True

 

                False

 

Question 2 The notice for taking the non-party’s deposition should be signed by:

 

Question options:

 

a lawyer.

 

a party.

 

a paralegal.

 

any of the above.

 

Question 3 A deposition transcript of the deponent’s testimony may not be presented to the jury in place of the deponent’s live testimony even if the deponent is not available to testify at trial.

 

Question options:

 

                True

 

                False

 

Question 4 The deponent need not give a reason or an explanation for each change he or she makes to his or her deposition transcript.

 

Question options:

 

                True

 

                False

 

Question 5 The court reporter makes a verbatim record of the entire proceeding at an oral deposition.

 

Question options:

 

                True

 

                False

 

Question 6 Which rule under the Federal Rules of Civil Procedure governs interrogatories?

 

Question options:

 

Rule 11

 

Rule 33

 

Rule 34

 

Rule 35

 

Question 7 The rules governing oral deposition make the scope of permissible inquiry in discovery depositions:

 

Question options:

 

less than that permitted in court.

 

the same as that permitted in court.

 

greater than that permitted in court.

 

none of the above.

 

Question 8 No subpoena is necessary when a party serves a notice for taking deposition of another party.

 

Question options:

 

                True

 

                False

 

Question 9 Depositions may be used at trial for impeachment purposes.

 

Question options:

 

                True

 

                False

 

Question 10 The oral deposition is the discovery procedure that permits one to obtain the most detailed information from an adverse party or witness.

 

Question options:

 

                True

 

                False

 

 

 

PA110 Civil Litigation

 

Unit 7 Quiz

 

Question 1 For whatever reason, if the plaintiff does not like the defendant’s choice of independent medical examiner, the defendant will have to select an alternative examiner.

 

Question options:

 

                True

 

                False

 

Question 2 The respondent must produce business records in the same form and condition as they are used in the respondent’s business.

 

Question options:

 

                True

 

                False

 

Question 3 The defendant must ordinarily pay the expenses the plaintiff incurs in traveling to and from the place of the examination.

 

Question options:

 

                True

 

                False

 

Question 4 Which rule under the Federal Rules of Civil Procedure authorizes an independent medical exam if the medical condition of the plaintiff is at issue in the case?

 

Question options:

 

Rule 26

 

Rule 34

 

Rule 35

 

Rule 37

 

Question 5

 

The plaintiff’s lawyer does not have an automatic right to interview the independent medical examiner selected by the defendant.

 

Question options:

 

                True

 

                False

 

Question 6 A treating physician has a responsibility to prove or establish a patient’s claim.

 

Question options:

 

                True

 

                False

 

Question 7 An independent examiner may be expected to be more skeptical about the plaintiff’s accident history, prior medical history, subjective complaints, and symptoms than is a treating physician.

 

Question options:

 

                True

 

                False

 

Question 8 A party who wants to inspect another party’s property must make a motion and show “good cause” as a prerequisite.

 

Question options:

 

                True

 

                False

 

Question 9 A paralegal may prepare, sign, and serve the demand for inspection.

 

Question options:

 

                True

 

                False

 

Question 10 Unless the plaintiff places his or her medical condition into issue, the defendant does not have a right to an independent examination of the plaintiff.

 

Question options:

 

                True

 

                False

 

 

 

PA110 Civil Litigation         

 

Unit 8 Quiz

 

Question 1 In federal court, a losing party may simply appeal from the judgment; a motion for a new trial is not necessary.

 

Question options:

 

                True

 

                False

 

Question 2 The party who opposes a summary judgment has the burden of showing there is no dispute concerning any material fact.

 

Question options:

 

                True

 

                False

 

Question 3 Parties may submit oral testimony from witnesses during a summary judgment hearing.

 

Question options:

 

                True

 

                False

 

Question 4 A party may offer live testimony to support or oppose a motion for summary judgment.

 

Question options:

 

                True

 

                False

 

Question 5 Which rule under the Federal Rules of Civil Procedure governs summary judgment?

 

Question options:

 

Rule 12

 

Rule 45

 

Rule 56

 

Rule 60

 

Question 6 Posttrial motions may be combined with one another and may be made in the alternative.

 

Question options:

 

                True

 

                False

 

Question 7 If the case was tried to a judge without a jury, the moving party may move the court for:

 

Question options:

 

amended findings of fact.                     

 

amended conclusions of law.                            

 

both (a) and (b).

 

neither (a) nor (b).                                  

 

Question 8 Affidavits in support of or in opposition to a motion for summary judgment must be made on personal knowledge and show the affiant is competent to testify concerning the facts.

 

Question options:

 

                True

 

                False

 

Question 9 A dispute over some facts does not preclude a summary judgment if the disputed facts are not material to the legal issue.

 

Question options:

 

                True

 

                False

 

Question 10  Which of the following is ordinarily considered to be a motion, as opposed to a form of legal action?

 

Question options:

 

a summary judgment.

 

a declaratory judgment.                       

 

both of the above.                   

 

neither of the above.                                            

 

 

 

PA110 Civil Litigation

 

Unit 9 Quiz

 

Question 1 A lawyer may be disbarred for committing an act involving moral turpitude.

 

Question options:

 

                True

 

                False

 

Question 2 As long as the court has personal jurisdiction over the defendant the action may proceed against the defendant even though the court lacks subject matter jurisdiction.

 

Question options:

 

                True

 

                False

 

Question 3 A statement not made under oath cannot be used to impeach the witness if the witness changes his or her version of the facts.

 

Question options:

 

                True

 

                False

 

Question 4 An appellate court will not “second guess” the trial court’s resolution of disputed fact issues if there is some evidence to support the trial court’s conclusion.

 

Question options:

 

                True

 

                False

 

Question 5 It is not necessary to have a witness sign a transcription of a stenographic statement since witnesses are always under oath to tell the truth.

 

Question options:

 

                True

 

                False

 

Question 6 During an interview, an investigator may need to provide a witness with an overview of the known facts in the case.

 

Question options:

 

                True

 

                False

 

Question 7 A judgment obtained in one jurisdiction cannot be enforced in another jurisdiction.

 

Question options:

 

                True

 

                False

 

Question 8 Which Rule under the Federal Rules of Civil Procedure governs summary judgment?

 

Question options:

 

Rule 26

 

Rule 33

 

Rule 34

 

Rule 56

 

Question 9 There may be instances when an investigator may choose not to identify the client for whom the investigation is being conducted.

 

Question options:

 

                True

 

                False

 

Question 10 While a paralegal may inform the witness that the witness’s recollections do not agree with the physical facts, a paralegal cannot try to get the witness to change his or her version by reasoning with the witness and showing the witness the essential factors that indicate the witness is mistaken.

 

Question options:

 

                True

 

                False

 

Question 11 A foreign corporation will not necessarily be subject to personal jurisdiction:

 

Question options:

 

in the state to which the plaintiff moves after the injury, unless the corporation happens to do business in the state to which the plaintiff moved.

 

in states in which it conducts its business at the time of service.

 

in states in which its activities or products have caused an injury.

 

in the state where it has its principal place of business.

 

Question 12 State legislatures may change the structure and functions of state courts through legislation.

 

Question options:

 

                True

 

                False

 

Question 13 A lawyer owes his or her highest duty to the client.

 

Question options:

 

                True

 

                False

 

Question 14 Who does not have to provide a reason for terminating the lawyer-client relationship?

 

Question options:

 

the lawyer

 

the client

 

the judge

 

none of the above

 

Question 15 A photograph taken of physical damage to a car that was in an accident cannot be used as evidence if the photograph was taken long after the accident.

 

Question options:

 

                True

 

                False

 

Question 16 Federal and state statutes prescribe the jurisdiction of their own courts in terms of:

 

Question options:

 

the kinds of cases the courts may handle.

 

whose cases they may decide.

 

the geographical areas in which the courts may operate.

 

types and amounts of awards they may make.

 

all of the above.

 

Question 17 A paralegal is entitled to do all those things a lawyer may do as long as:

 

Question options:

 

the paralegal is working under the supervision of a lawyer.

 

the paralegal takes full responsibility for his or her actions.

 

the paralegal is certified.

 

the paralegal is working under the supervision of a lawyer and is certified.

 

none of the above.

 

Question 18 Since criminal penalties seem to be inadequate to deter crime, civil litigation is now principally concerned with penalizing the wrongdoer.

 

Question options:

 

                True

 

                False

 

Question 19 The absence of personal jurisdiction is an affirmative defense that may be waived either intentionally or inadvertently.

 

Question options:

 

                True

 

                False

 

Question 20 If a plaintiff inadvertently omits a claim of, for example, negligence from a complaint (and the action is tried to a conclusion), the plaintiff may file another suit so that he or she can rightfully assert that claim.

 

Question options:

 

                True

 

                False

 

Question 21 To directly challenge the court’s jurisdiction over his or her person, the defendant must:

 

Question options:

 

raise the issue in the answer.

 

raise the issue by motion.

 

personally appear in court to make the challenge.

 

raise the issue in the answer or raise the issue by motion.

 

all of the above.

 

Question 22 A court cannot enter a binding judgment against the parties unless it has jurisdiction in three areas:

 

Question options:

 

the damages, the cause of action, and the geographical territory.

 

the parties, the geographical territory, and the subject matter.

 

the geographical territory, the cause of action, and the remedy.

 

the cause of action, the subject matter, and the parties.

 

Question 23 In determining whether there is a diversity of citizenship between the plaintiff and defendant so that the case may be litigated in a federal district court, the court looks to the parties’ citizenship at the time of the occurrence (accident) that gave rise to the action.

 

Question options:

 

                True

 

                False

 

Question 24 A witness may use his or her statement to refresh his or her own recollection when preparing for trial.

 

Question options:

 

                True

 

                False

 

Question 25 A lawyer may not withdraw from a pending case if the withdrawal would prejudice the client’s legal interests and burden the court.

 

Question options:

 

                True

 

                False

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