Chapter 3

Question 1

Broadly speaking the litigation process has three phases which are

Answer 1

Pretrial, trial, posttrial

Question 2

An attorney, before filing a complaint for a plaintiff will explain the fallowing

Answer 2

Probability of success 
Procedures involved 
Venue choices 
How long it make take to resolve 
Estimate of involved cost

Question 3

Three types of fees used by attorneys

Answer 3

Fixed fees
Hourly fees
Contingency fees

Question 4

Fixed fees are likely in what kind of situation

Answer 4

A specific service such as drafting a will

Question 5

Hourly fees will most likely be used when

Answer 5

The matters involve an undeterminate amount of time.

Question 6

Contingency fees are… Are mostly likely used under what circumstances

Answer 6

A fixed percentage (25-40) of a clients recovery. Personal injury
If lawsuit is unsuccessful the attorney receives no fee, but will have to be reimbursed for all out of pocket costs

Question 7

Once an attorney has been retained, the attorney is obligated to

Answer 7

Persue a resolution of the matter on the clients behalf

Question 8

An important consideration in deciding wether to pursue litigation in a civil claim is…

Answer 8

Defendants ability to pay damages sought

Question 9

Complaint and answer together are known as

Answer 9

The Pleadings

Question 10

Complaint contains

Answer 10

Facts showing court jurisdiction
Basis for relief
Remedy sought

Question 11

Formally notifying the defendant of a lawsuit is called

Answer 11

Service of process

Question 12

A notice requiring the defendant to appear in court

Answer 12

Summons

Question 13

If someone fails to answer to a complaint what may be issued

Answer 13

Default judgment

Question 14

All civil trials held in federal district courts are governed by

Answer 14

federal Rules of Civil Procedure