Litigation and Trial Practice Final Review 2023 with verified questions and answers

When reviewing technical documents, it is best to Create a glossary of technical terms raised in a particular case If you state has a long-arm statute, any deponent may be brought from a distant state for a local deposition False Good objections suggest answers to the deponent False All witnesses must attend pretrial conferences False Under federal disclosure, information unfavorable to your client's case need not be disclosed. True Copies of documents reviewed by witnesses before the deposition must be made available to the opposing party True Pain and suffering is the same as loss of enjoyment of life False The cost of complying with a request to produce documents and things in the federal system is generally borne by the requesting party False A motion asking that a judgment be set aside because the verdict was contrary to the weight of the evidence is a motion For judgment as a matter of law A paralegal may be responsible for Pointing out areas of witness examination missed by the attorney In regard to a pretrial conference, a task the paralegal should leave to the attorney is Advise the client on what a reasonable settlement range would be An example of an item unsuitable for interrogatories is the Physicians detailed account of an operation on plaintiff Discovery of computerized information requests no more than basic word processing skills False In preparing a settlement precis or in discussions with the adverse party's attorney, the paralegal Needs to be cautious about revealing too much information A purpose for the preservation letter is to Prevent the loss of e-information Failure to cooperate with discovery may result in criminal charges True Most appeals are unsuccessful True A subponea must be served by Person of legal age Changes to the deposition transcript can be made by The dependent In the document production context, the phrase "in which it is ordinarily maintained or that is reasonably usable" refers to the form of Electronically stored information The decision to accept settlement is made by the Client Appeal from an arbitration decision is Limited to the National Arbitration Board A set of interrogatories must be signed by the Client Paralegal tasks for ADR are similar to those for trial True The billing section of a small chase file should include the client's medical bills related to the case False In answering interrogatories, always Avoid distortion or misrepresentation In preparation for trial it is best to Subpoena all witnesses needed to prove the case A response to a request for admission must be made in __ days 30 Demonstrative evidence must always be an exact representation False On appeal the paralegal cannot Divide the oral argument with the attorney It is a waste of time to prepare trial motions before the trial False A witness may be disposed of up to three times False The judge's review and approval are required for the Consent and decree order An offer of judgment shifts trial costs to an unreasonable party True If the plaintiff meets the requisite burden of proof at trial This is called a prima facie case A judgment - proof defendant is one who has no assets True A certified court reporter usually records depositions True Discovery of documents is available only through the device of document production False A motion in limina requests a trial de novo False If the form for producing e-stored information is not indicated in the request, the responding party must State in which form it intends to produce the information The standard of proof in arbitration varies True A notice of Lis pendens protects property from being claimed by the judgment creditor False Produced documents belonging to the same category should be stapled together False An expert witness should be told all the details of the case False The primary role of the paralegal in the settlement process is to Put information in persuasive, presentable format If a party does not renew a motion for new trial, an appellate court cannot review that matter True The danger of opting to have the opponent examine the producing party's business records under Rule 33(d) is that Unintended privileged and protected information might be revealed When photocopying documents, remember that poor copies should be Destroyed You can enhance your value to the firm by offering to research and draft memorandum of law True A motion in limina is a motion For protection against prejudicial question and statement An important paralegal task at the deposition is to Listen and observe Joint tenants have no right of survivorship False For pretrial preparation, the paralegal needs To review the file and all summaries carefully Subpoenas may be obtained at the last minute before trial True The parties' planning meeting is held after the schedule conference or order False The focus of a settlement conference is broader than that of a pretrial conference. False Jury instructions May be drafted in rough by the paralegal The amount of compensation to an expert witness is privileged information False Subpoenas in the federal system are served by a sheriff False Interrogatory questions should be engrossed with the answer True Paralegals may serve as mediators True Future losses are not valid damage claims False Paralegals trial notes are Especially effective when an outline of procedural steps is on the left page and a detailed notes of important testimony or evidence are on the right Arbitration Imposes a burden of persuasion In preparing for a deposition a client should be told To be truthful A juror data sheet Helps the attorney plan for voir dire Arbitration A private contractual process Which of the following is an example of a question of fact? Was the road icy on the day of the accident? If the answer to an interrogatory is unavailable or uncertain, you state on information or belief True A motion for JNOV under Rule 50 may be made by The party who previously moved for a direct verdict Because appeals courts decide only questions of law, the facts of the case are not mentioned in appellate briefs False The defendant may not be reported at the deposition conducted by the plaintiff False It is best to prepare a settlement proposal As early in the case as investigations and discovery will permit Large case files usually Are divided and subdivided numerically LOELs are punitive damages False An objection to a subpoena can be served any time before the deposition False Producing a settlement brochure Is not a good use of resources if liability is unclear Only parties and eye witnesses may be deposed False An arbitration hearing is similar to a trial, but more informal True A subpoena duces tecum allows a witness to submit answers in writing without appealing in person. Falsae The purpose of a prejudgment remedy is to Prevent the defendant from selling or otherwise disposing of assets to cover an anticipated judgment A preliminary interview can help determine whom to depose True Depositions are used to evaluate the opposing attorney True If answers are incomplete the requesting party can File a motion to compel The federal rule setting out the requirements for service of subpoenas is Rule 45 A plaintiff can be required to attend a deposition in the jurisdiction where the claim was brought True According to ABA Formal Opinion 92-368, the attorney receiving protected information inadvertently sent by the opposing party should Notify the opposing party Normally, no more than ten depositions are allowed True A client may be required to attend the pretrial conference True When copying documents for production you should Staple copies if originals were stapled Alternative dispute resolution Is growing as an alternative to trial Cross-indexing deposition testimony is likely to lose information False A juror data sheet is not used for a Checklist for jurors to keep tract of evidence during trial Pretrial disclosure must be made At least 30 days before trial A paralegal need not learn trial presentation technology, because that is usually handled by court personnel False Assets of a judgment debtor that are held by a third party are not available to satisfy that debt False Digesting documents makes it easier to Compare evidence An example of intangible property is The royalty right of another The preservation letter should be Sent by certified mail Receivership secures the amount of judgment pending post-trail motions False Interrogatories require the attorneys signature and certificate of service True A judgment-proof defendant is one who has no assets False Appeal form an arbitration decision is Limited to the National Arbitration Board Early case assessment reduces discovery costs True A jury survey gives you accurate information on specific jurors. False A motion for judgment as a matte of law should be filed if there were procedural errors at trial False A medical records librarian is a good source for interpreting doctors' orders True Models are the best type of demonstrative evidence if costs are to be kept down. False A trial notebook Consists of most things an attorney will need at trial organized for quick access and retrival Federal Rules of Appellate Procedure 28,30, and 32 cover writing appellate briefs True Paralegal's trial notebooks are Especially effective when an outline of procedural steps is on the left page and a detailed notes of important testimony or evidence are on the right Changes to the deposition transcript can bee made by The deponent Calculating damages does not include Losses that occurred before the cause of action A bill of costs does not include Attorney's fees An offer of judgment shifts trial costs to an unreasonable party True A party must amend its list of witnesses and any prior response to a discovery request, if it is no longer accurate, by 30 days before trial Mandatory disclosure replaces document production in discovery False For a medical exam to be ordered, the alleged condition must be in controversy True An example of self-executing judgment is Divorce When reviewing technical documents it is best to Create a glossary of technical terms raised in a particular case In regard to a pretrial conference, a task the paralegal should leave to the attorney is to Advise the client on what a reasonable settlement range will be Court - annexed arbitration May end in a trial de novo In preparing for trial it is best to Subpoena all witnesses needed to prove the case. Federal rules limit the number of interrogatories to 50 False Subpoenas may be obtained at the last minute before trial Ture The person to be examined at a deposition is referred to as the Deponent If the answer to an interrogatory is unavailable or uncertain, you should state on information or belief True If a party is dissatisfied with a verdict, the only recourse is appeal False A notice of lis pendens protects property from being claimed by the judgment creditor False Interrogatories are a good way to find information before a lawsuit begins False Often the best source for determining the location of documents is the Client A paralegal should avoid Telling the expert to impress the jury with his or her knowledge of the specific terminology in the field The destruction or loss of evidence, including the failure to preserve it, defines Spoliation Information stored in computers is secure, so its discovery can be left until later in the case False Paralegals can serve subponeas True Voluntary arbitration Allows parties to set guidelines It is unethical to research the abilities of the opposing attorney False If a deposition is taken in a different district from where the action is pending, the subpoena caption must state the nature of the court That issues the subpoena The notice of deposition does not include A list of damages to be caculated Translating body language Should be done with caution A request for admission seeks to Narrow the issues for trial An arbitration hearing is similar to a trial, but more informal True The cost of discovery is about 50 percent of the cost of litigation True A purpose of the preservation letter is to Prevent the loss of e-information A subponea duces tecum allows a witness to submit answers in writing without appearing in person False An adjudication on the merits leaves issues that can be brought up at trial False Trial motions include a motion For directed verdict If you state has a long-arm statute, any depondent may be brought form a district state for a local depostition False The imaging process Converts paper documents to e-documents It is unethical for paralegals to draft appellate briefs False