Test Bank For Fundamentals of Litigation for Paralegals 10th
Edition By Marlene Pontrelli Maerowitz; Thomas A. Mauet
9781543801675 Chapter 1-15 Complete Guide .
What quality must be possessed by a witness to qualify as an expert witness? - ANSWER: Specialized
Knowledge
The scope of discovery is __________________ the admissability of evidence. - ANSWER: Larger
T/F Generally, conversations between the client and his or her spouse are privileged. - ANSWER: True
Who determines the admissability of evidence during trial? - ANSWER: The judge
May the paralegal interview a potential client? - ANSWER: Yes
What are the 5 stages of Civil Litigation? - ANSWER: pre litigation- litigation- trial-appeal
A personal injury case involving Texas citizens with $50,000 in damages could be filed in: - ANSWER:
State District Court, or State County Court
T/F Venue relates to the location of the trial court. - ANSWER: True
What is the preferred method of declining a case? - ANSWER: In writing
T/F The Texas Supreme Court and the Texas Court of Criminal Appeals have concurrent jurisdiction. -
ANSWER: False
If the defendant's answer date falls on a court holiday, the answer is due on: [Blank1] - ANSWER: Next
business Day
A petition may be served by which of 4 methods? - ANSWER: Personal Service
Substituted Service
Certified Mail
Publication
Which of the following is a plaintiff's initial pleading? - ANSWER: Complaint and Petition
In a federal case, the answer is due: - ANSWER: 20 days after the date of service
The pleading filed by the defendant against a person who was not sued by the plaintiff is known as a: -
ANSWER: Third Party petition
If a state court plaintiff fails to identify the discovery level, which level is assigned to the case?
[Blank1] - ANSWER: 2
When may a defendant sign a waiver of service? - ANSWER: only after a petition has been filed
What must be served with the Plaintiff's Original Petition? - ANSWER: Citation
T/F With the attorney's permission, the paralegal may sign a pleading. - ANSWER: False
T/F Pleadings cannot be amended. - ANSWER: False
T/F Parties may agree to a level 3 discovery plan without court approval. - ANSWER: True
, Why would you object to a discovery request? 4 reasons - ANSWER: Privileged information
Not relevant
Repetitive
Not availible
Generally, are objections allowed in response to requests for disclosure? - ANSWER: No
T/F Non-parties are required to respond to interrogatories. - ANSWER: False
What can you do when a party requests information outside the scope of discovery? 2 reasons -
ANSWER: Serve written objections.
File a motion for protective order.
What should be done immediately upon receipt of discovery requests? - ANSWER: Calendar and Date
How many interrogatories may be served on a party under discovery plan level 2? - ANSWER: 25
If discovery is served with a state court petition, when are the answers due? - ANSWER: 50 days after
the date of service
What is the maximum amount of damages recoverable under discovery level 1? - ANSWER: 50,000
Which set of Texas Rules contains the rules governing discovery? - ANSWER: Civil Procedure
What is civil litigation? - ANSWER: The process of resolving private disputes through the court system
Why is the study of civil litigation important to paralegals? - ANSWER: It is where they are needed
most
Identify the four major phases of civil litigation. - ANSWER: Pre-litigation
Discovery
Trial
Appeal
Are all civil disputes litigated? - ANSWER: Most do not come close to trial
What rules govern civil litigation in Texas? - ANSWER: Texas Rules of Civil Procedure
What is a cause of action? List three examples. - ANSWER: The determination that an action has cause
for a case.
ex. Fraud, Breach of Contract, Liability
What is "relevant" evidence? Read Rule 401. - ANSWER: Evidence that tends to prove or disprove any
fact that is of consequence to the determination of the action.
What evidence is admissible in court? Rule 402. - ANSWER: Is admissible unless stated otherwise by
the U.S/state constitution, or Other statute rules
What does the Physician-Patient Privilege mean? - ANSWER: confidential information kept between a
physician and a patient
Is a member of the clergy to whom a communication was made presumed tohave authority to claim
the privilege on behalf of the communicant? - ANSWER: Yes, They have the authority
Edition By Marlene Pontrelli Maerowitz; Thomas A. Mauet
9781543801675 Chapter 1-15 Complete Guide .
What quality must be possessed by a witness to qualify as an expert witness? - ANSWER: Specialized
Knowledge
The scope of discovery is __________________ the admissability of evidence. - ANSWER: Larger
T/F Generally, conversations between the client and his or her spouse are privileged. - ANSWER: True
Who determines the admissability of evidence during trial? - ANSWER: The judge
May the paralegal interview a potential client? - ANSWER: Yes
What are the 5 stages of Civil Litigation? - ANSWER: pre litigation- litigation- trial-appeal
A personal injury case involving Texas citizens with $50,000 in damages could be filed in: - ANSWER:
State District Court, or State County Court
T/F Venue relates to the location of the trial court. - ANSWER: True
What is the preferred method of declining a case? - ANSWER: In writing
T/F The Texas Supreme Court and the Texas Court of Criminal Appeals have concurrent jurisdiction. -
ANSWER: False
If the defendant's answer date falls on a court holiday, the answer is due on: [Blank1] - ANSWER: Next
business Day
A petition may be served by which of 4 methods? - ANSWER: Personal Service
Substituted Service
Certified Mail
Publication
Which of the following is a plaintiff's initial pleading? - ANSWER: Complaint and Petition
In a federal case, the answer is due: - ANSWER: 20 days after the date of service
The pleading filed by the defendant against a person who was not sued by the plaintiff is known as a: -
ANSWER: Third Party petition
If a state court plaintiff fails to identify the discovery level, which level is assigned to the case?
[Blank1] - ANSWER: 2
When may a defendant sign a waiver of service? - ANSWER: only after a petition has been filed
What must be served with the Plaintiff's Original Petition? - ANSWER: Citation
T/F With the attorney's permission, the paralegal may sign a pleading. - ANSWER: False
T/F Pleadings cannot be amended. - ANSWER: False
T/F Parties may agree to a level 3 discovery plan without court approval. - ANSWER: True
, Why would you object to a discovery request? 4 reasons - ANSWER: Privileged information
Not relevant
Repetitive
Not availible
Generally, are objections allowed in response to requests for disclosure? - ANSWER: No
T/F Non-parties are required to respond to interrogatories. - ANSWER: False
What can you do when a party requests information outside the scope of discovery? 2 reasons -
ANSWER: Serve written objections.
File a motion for protective order.
What should be done immediately upon receipt of discovery requests? - ANSWER: Calendar and Date
How many interrogatories may be served on a party under discovery plan level 2? - ANSWER: 25
If discovery is served with a state court petition, when are the answers due? - ANSWER: 50 days after
the date of service
What is the maximum amount of damages recoverable under discovery level 1? - ANSWER: 50,000
Which set of Texas Rules contains the rules governing discovery? - ANSWER: Civil Procedure
What is civil litigation? - ANSWER: The process of resolving private disputes through the court system
Why is the study of civil litigation important to paralegals? - ANSWER: It is where they are needed
most
Identify the four major phases of civil litigation. - ANSWER: Pre-litigation
Discovery
Trial
Appeal
Are all civil disputes litigated? - ANSWER: Most do not come close to trial
What rules govern civil litigation in Texas? - ANSWER: Texas Rules of Civil Procedure
What is a cause of action? List three examples. - ANSWER: The determination that an action has cause
for a case.
ex. Fraud, Breach of Contract, Liability
What is "relevant" evidence? Read Rule 401. - ANSWER: Evidence that tends to prove or disprove any
fact that is of consequence to the determination of the action.
What evidence is admissible in court? Rule 402. - ANSWER: Is admissible unless stated otherwise by
the U.S/state constitution, or Other statute rules
What does the Physician-Patient Privilege mean? - ANSWER: confidential information kept between a
physician and a patient
Is a member of the clergy to whom a communication was made presumed tohave authority to claim
the privilege on behalf of the communicant? - ANSWER: Yes, They have the authority
