The following are the types of questions you can expect on the Midterm. The questions on the midterm, however are NOT limited to these questions. The following questions do not include the material in the California Supplement, or matters we may have discussed in class. Anything in chapters 1-3 and 5 in the California Supplement and anything we have discussed in class is covered in the midterm.
CIVIL LITIGATION CHAPTER 1
True/False
1. Most aspects of civil litigation occur in the courtroom.
2. The rules of civil procedure differ substantially from the rules of criminal procedure.
3. Rules and procedures of civil litigation are consistent from state to state.
4. In some states the initial pleading in a lawsuit is called a petition.
5. The most common method of resolving civil disputes is settlement.
6. Arbitration is a form of settlement.
7. Case law has little, if any, relevance to the law of civil procedure.
8. A litigation paralegal often appears in court.
9. Continuing legal education is important for a litigation paralegal.
10. Litigation paralegals often rely on form books and forms files.
Factual Analysis
Woo buys a new automobile. While driving the car home from the dealership, the brakes fail, the car crashes, and Woo is seriously injured. Woo retains the law firm of Kraft and Molina and they file a lawsuit claiming damages for these injuries. Brady works as a paralegal in that law firm.
11. In the lawsuit, Kraft and Molina are the plaintiffs.
12. Brady would be allowed to interview witnesses to the accident.
13. Brady would be allowed to prepare a draft of the complaint to be filed in the action.
14. Before filing a lawsuit, the parties would be required to arbitrate their dispute.
15. This is a criminal case.
Multiple Choice
16. Which of the following could not be resolved through civil litigation a. a real estate problem b. a contract