Civil Litigation Final Exam Flashcards

Terms Definitions
Defendants who file counter-claims have the same burden of proof as the plaintiff
The chronological numbering of documents is referred to as “beats” numbering?
Corporations are considered persons and may be parties to lawsuits?
Interrogatories may not seek inadmissible evidence?
The intentional destruction of requested documents are evidence is called:
Paralegals are permitted to discuss fees with clients after but only after they conduct the interview?
Paralegals may discuss cases with significant others as long as they promise to keep it a secret?
The jurisdictional amount in federal diversity cases is the combined claim for all plaintiffs?
Paralegal tasks should be performed under the attorney’s supervision?
Information on computers is never discoverable as it is proprietary?
Redundant discovery (sending the scene interrogatories are taking a person’s to deposition more than once) request is encouraged to see if answers are consistent?
List the procedure for trial
Jury SelectionOpening StatementsPlaintiff presentsDefendant presentsPlaintiff rebuttalMotionsClosing ArgumentsJury InstructionsJury Deliberations & VerdictEntry of Judgement
When can attorneys ask leading questions
During cross-examination
Rule 37 covers request from medical examinations?
When a defendant asserts a claim against the plaintiff they will file a
The document issued by the Federal Court that informs a defendant of the action and requires the defendant to answer within a specified period of time is called a
You must always attend the independent medical examination of the Physician chosen by the adverse party?
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?
There are no sanctions available if one fails to respond to interrogatories within the prescribed period time?
The summons is the document that states that I’m in which the plaintiff must appear and defend?
Initial disclosure eliminates the need for: (a) depositions (b) Summons and complaint (c) early interrogatories (d) subpoenas
C-Early interrogatories
Only parties and eyewitnesses may be deposed?
Once the deposition has been completed the response may not be amended or changed?
Both the state and Federal courts limit the number of interrogatories last to 50?
The geographical location in which a matter is brought to court refers to “venue”?
At “common law” if the plaintiff was found to be “contributory negligent” they were barred from recovery?
Civil litigation
The process of resolving private disputes through the court system.
What is the party who appeals the case called
What happens on appeal
Notice filed/Costs & Fees paid/Transcription of lower court retrived/Briefs filed(Appellant-Appellee Reply-Appellant Response) Oral Arguments
Where does a jury get instructions
From the judge
The person appointed by a court to represent one who is otherwise incompetent is called “guardian ad litem”?
How is a civil action commenced in Federal Court?
In order to commence a lawsuit you must have standing?
In Minnesota we must identify in the complaint the case type?
A plaintiff must respond to the claim of the defendant by serving a
In federal court you must include a demand for a jury trial within the summons and complaint or it is waived?
If one refuses to undergo a medical examination the requesting party has no recourse?
Once a complaint is served upon a defendant, in may not be amended without prior court order?
The filing of a third party complaint by the original defendant against a person not yet named a party in the lawsuit is intervention?
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
B-Present Defenses
The process of deciding a case giving evidence, making arguments, deciding by a judge, etc which occurs if the dispute is not resolved by pleadings, pre trial motios, or settlement. A trial usually takes place in open court, and may be followed by judgem
The attorney must give a copy of the exhibit to the judge
During production, privilege document should be: (a) destroyed (B) hidden (C) carefully identified to the Atty. (d) provided to the other party
C-Carefully identified to the attorney
A set of interrogatories must be signed by the: (a) client (b) Attorney (c) paralegal who prepares them (d) clerk of court
A – client
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
default judgment
statute of limitations
a statute defining the period within which legal action may be taken.
What are some valid grounds for appeals
reversible errorjudgement without sufficient conclusion of law
What is an appeal
Asking a higher court to review unfavorable decision of a trial court
Prior to taking a deposition the person to be deposed must receive: (a) an invitation (B) motion to depose (C) notice of deposition (D) summons
C –notice of deposition
In Minnesota hold most person pay to serve process? What rule?
18. 4.02
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
in forma pauprus
Attorney, Abee See, drafts and signs a complaint based solely on the state of his claim. The client’s statements are not accurate and truthful. What rule has he violated?
rule 11.03 sanctions
Criminal Law
Having to do with the law of crimes and illegal conduct
What motions do attorneys make at the close of evidence in a jury trial
Motion for Directed Verdict
Who can file an appeal
Whoever is unhappy with the judgment of the court
A person shall not be deprived of life, liberty, or property without (a) capacity (b) verification (c)due process of law (d)litigation
C-Due Process of Law
If the deployment refuses or fails to sign the deposition transcript it is signed by the: (A) judge (B) Atty. (C) court reporter (D) no one
C – court reporter
The burden of proof in a civil case is
preponderance of evidence
What has to be done to initiate an appeal
File notice w/clerk's office
What is an opening statement
1) the attorneys talk to the jurors telling them what the case is about2) Gives preview of evidence that will be submitted and what the plaintiff will prove
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?
protective order. Rule 26.03 requirement to show why to protect from annoyance, oppression, or undue burden or expense.
What are two ways to eliminate jurors
Challenge for Cause - must have reason - unlimitedPeremptory Challenge - no reason - limited
What rule covers admissions?------- what is the effect of one’s failures to respond to a request for admission within the allotted time? --------- what is the maximum number of request a party may ask?
rule 36. The effect is the matters admitted without the objections or answer. Unlimited requests may be asked.
What Rule Of Procedure sets forth how inaction is commenced in Minnesota, and explain the methods of how the action is commenced?
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
List three types of affirmative defenses and what rule that controls?
Rule 8.03. (1) assumption of the risk (2) contributory negligence (3) estoppel
What is the final decision of the court called
Judgment - resolves all matters in dispute among the parties to the litigation
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
Notice and Acknowledgment. Rule 4.06
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