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Paralegal > Week 5 Thursday (Dec. 3) Test - Litigation (ADR, Disc, E-Disc, Lgl Research) Test > Flashcards

Week 5 Thursday (Dec. 3) Test - Litigation (ADR, Disc, E-Disc, Lgl Research) Test Flashcards

1
Q

** Pleadings

A

papers filed with the court to initiate or respond to a lawsuit

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2
Q

What is a summons?

A

a court order directing the defendant to appear in court and answer the complaint or petition.

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3
Q

What is Consolidation?

A

If several plaintiffs have filed separate lawsuits stemming from the same fact situation against the same defendant, the court can initiate a consolidation of the cases into one case if it would not cause undue prejudice to the parties?

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4
Q

What does the complaint or petition contain

A
  1. names of the parties to the lawsuit
  2. facts of the case
  3. law that was violated; and
  4. prayer for relief
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5
Q

The two major pleadings are

A
  1. the complaint or petition

2. the answer

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6
Q

What type of case is a good example of Consolidation?

A

Airplane crash cases

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7
Q

Who is the complaint or petition served on?

A

the defendant

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8
Q

** The initial pleading In federal court is called a

A

a complaint

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9
Q

** What is Statute of Limitations?

A

the law that establishes the period during which a plaintiff must bring a lawsuit against a defendant

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10
Q

What is a prayer for relief?

A

prayer (request) for relief is asking for what you want to the court to grant you

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11
Q

Once the complaint or petition has been filed, the court issues a

A

summons

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12
Q

What is “Loser Pay”?

A

If a plaintiff rejects a settlement offer, and later wins an award that is less than 80% of the rejected offer, the defendants can recover litigation costs out of the jury award.

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13
Q

Who serves the complaint or petition?

A

a sheriff, government official, or private process server

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14
Q

Who and why is a summons issued?

A

once a complaint or petition has been filed, the court issues a summons.

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15
Q

Plaintiff files a what in Texas state court?

A

files a petition as the initial filing

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16
Q

** If other persons have a pecuniary interest in a lawsuit, and they step in and become parties to the lawsuit, it is called an ________________.

A

intervention

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17
Q

Chronology is what?

A

a timeline

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18
Q

If several plaintiffs have filed separate lawsuits stemming from the same fact situation against the same defendant, the court can initiate a _____________________ of the cases into one court case if it would not cause undue prejudice to the parties.

A

Consolidation

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19
Q

** The ______ is the law that establishes the period during which a plaintiff must bring a lawsuit against a defendant

A

Statute of Limitations

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20
Q

Plaintiff files a what in Federal court?

A

files a complaint as the initial filing

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21
Q

What is non financial intervention?

A

pecuniary intervention

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22
Q

A person who represents him/herself.

A

Pro Se

- if you go to court on your own you are considered Pro Se

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23
Q

Motion to Dismiss

A

even if the facts in the plaintiff’s petition are true, there is no reason to continue the lawsuit

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24
Q

** Explain Ex Parte

A

one party has communication with the judge without the participation of the opposing party.

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25
Q

Draft a Chronology

A
  • list the facts and the dates
  • make sure you include significant details
  • include the sources for each fact
  • include a “key fact” column to check off so that you begin to separate key facts from other facts
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26
Q

** What types of motions are dispositive?

A

Motion to Dismiss
and
Motion for Summary Judgment

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27
Q

Pretrial Hearing

A
  • used to facilitate settlement
  • usually held in chambers
  • hearing is used to identify major issues and other relevant facts
  • cases may be referred to ADR (Alternative Dispute Resolution)
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28
Q

** What does dispositive motion mean?

A

the judge can dispose of all or part of the case.

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29
Q

Plaintiff’s Case

A
  • has burp
  • plf’s attorney calls witnesses
  • documentary evidence can be introduced through witnesses
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30
Q

What is rejoinder?

A

the defendant’s attorney calls additional witnesses and introduce other evidence to counter the rebuttal.

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31
Q

Trial is divided into 8 phases:

A 
1 - jury selection
2 - opening statements
3 - plaintiff's case in chief
4 - defendant's case in chief
5 - rebuttal and rejoinder
6 - closing arguments
7 - jury instruction and deliberation
8 - entry of judgment
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32
Q

** What does voir dire mean?

A
  • to speak the truth
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33
Q

** The last words that an attorney says to the seated jury are called ______.

A

closing arguments

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34
Q

Jury Selection

A
  • complete questionnaire
  • jurors can be stricken for cause due to biase
  • preemptory challenges can be used to exclude w/out reason
  • they impaneled and sworn
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35
Q

Defendant’s Case

A
  • once plf rests, defense will usually make a Motion for Directed Verdict
  • if denied, defendant will present its case-in-chief
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36
Q

** The words that an attorney says to the seated jury at the start of the trial are called ____.

A

opening statements

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37
Q

Rebuttal and Rejoinder

A
  • plf call witness to rebut def case

- def call add’l witnesses and introduce other evidence to counter the rebuttal

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38
Q

**Jury Charge

A

also called jury instructions

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39
Q

Who are the trier of facts?

A

the jurors are the trier of facts

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40
Q

** Remittitur

A

judge reduces the amount of damages awarded by a jury

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41
Q

** JNOV

A

judgment non obstante verdicto

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42
Q

Appeal

A
  • either side in civil case can appeal to the appropriate appellate court
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43
Q

Jury Deliberation

A
  • jury is not required to go to jury room in Texas
  • In Texas - the clerk of the court reads the verdict
  • In federal court - the jury reads the verdict
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44
Q

Entry of Judgment

A
  • judge enters judgment to the successful party based on the verdict
  • judge may reduce the amount of dags awarded if it finds the jury was biased, emotional, or inflamed
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45
Q

** The party who appeals may be required to post an appeal bond, called a

A

supersedeas bond

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46
Q

** The appealing party is called the ____, and the other party is called the _____.

A

Appellant - Appellee

Petitioner - Respondent

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47
Q

** What 3 actions may an appellate court take after hearing a case?

A

Affirm - prior decision stands
Reverse - lower court made an error and reverses the decision
Remand - lower court made error that can be corrected

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48
Q

What does Discovery do?

A
  • prevents surprises,
  • allows for thorough prep for trial
  • saves court time
  • promotes settlement
49
Q

** What are the 6 major forms of Discovery?

A
  1. Deposition
  2. Request for Disclosures
  3. Interrogatories
  4. Request for Production
  5. Request for Admissions
  6. Physical and Mental Exams
50
Q

Discovery

A
  • a detailed pretrial procedure that both parties engage in to learn facts of the case
  • as well as the witnesses that will be called from the other side
51
Q

Oral testimony given under oath by a party or witness prior to trial

A

depositions

52
Q

** Written questions submitted to a party during discovery are called

A

interrogatories

53
Q

What are depositions used for?

A

to preserve evidence and to impeach witnesses at trial

54
Q

What is the person testifying called?

A

deponent

55
Q

Request for Disclosure is what?

A

12 standard questions and they are non objectionable

56
Q

** If an RFA is not answered on time, it is _____ and to undo that, you’d file a ________.

A

deemed admitted

Motion to Strike Deemed Admissions

57
Q

What is the limit of the interrogatories?

A

maximum of 25 answers

58
Q

What rules are you always to check when doing discovery - whether you are propounding it or answering it?

A

check the Rules
and the
Commentaries

59
Q

** ESI

A

Electronically Stored Information

60
Q

Can you say just “Gimme all your ESI”?

A

no, it must be relevant

61
Q

What is a Rule 11 Agreement?

A
  • agreements between opposing counsels

- often deal with discovery extensions

62
Q

What is Metadata?

A

data about data

63
Q

What is Bates?

A

stamping, labeling, numbering

64
Q

What is E-Discovery?

A

E-Discovery is Discovery

it has to do with requesting and providing Electronically Stored Information

65
Q

** What is a preservation letter?

A

is used for internal letter to your client

66
Q

What does ESI include?

A 
emails,
instant messaging chats,
texts,
tweets,
accounting databases, 
CAD & CAM files,
documents-pdf, scanned
websites
browsing history
all kinds of databases
photo and video files
hard drives & network attached drives,
small portable drives
sim cards,
call history
cell and landline phones
contacts
vm
67
Q

** What are the 4 things in Litigation Hold Letter? **

A
  1. identify the parties
  2. description of the legal claims
  3. scope of the legal hold (what do you want them to hold)
  4. likely sources of relevant ESI
68
Q

What should the Litigation Hold letter state?

A

to halt disposing of, or writing over, potential evidence

69
Q

** What is a Litigation Hold?

A

is sent to opposing party telling them to keep all electronic documents

70
Q

What does “Preserve” mean?

A

Don’t

- delete relevant information

71
Q

** Spoliation

A

intentional or negligent withholding hiding, altering, or destoying relevant evidence

72
Q

** A person who does that (previous answer) is called a ______.

A

spoliator

73
Q

If Litigation Hold Letter says ____, then it will not be enforced by a court and might even be seen as _____.

A

save everything from
everybody on
ever computer or storage device

discovery abuse

74
Q

What are accessible documents? And who pays?

A

available in a usable format and reasonably indexed

the responding party pays

75
Q

** What is the most often cited e-discovery case?

A

Zubulake v. UBS Warburg - employment discrimination case

76
Q

What are inaccessible documents? And who pays?

A
  • difficult to reach storage
  • converted to microfiche & not easily readable
  • docs w/no index system making searches impracticable

court may use a cost shifting analysis

77
Q

Secondary Authorities

A
  • Encyclopedias
  • ALR American Law Reprots
  • Periodicals & law reviews
  • Dictionaries
  • Thesaurius
  • Model codes
  • Unadopted uniform laws
  • Treatises
  • Restatement of the Law
78
Q

What is Dicta?

A

when a court, in a written opinion, answers a question it was not asked.

79
Q

What West regional reporter covers Texas?

A

We are in the southwest report
West’s South Western
S.W. or S.W.2d

80
Q

Primary Authorities

A

All law

  • court decisions
  • statutes
  • agency rules & regulations
  • Charters
  • Ordinances
  • Adopted pattern jury instructions
  • Court rules
81
Q

** What is a Slip Opinion?

A

the first printed version of a judge’s decision

82
Q

What is the most popular Citator?

A

Shepard’s citator system

83
Q

Finding Tools

A
  • Digests
  • Citators
  • Updaters
  • Annotated Statutes
84
Q

Scholarly works that examine one legal topic in great detail and with very broad coverage. These are generally multi-volume sets.

A

Treatises

85
Q

What is a Citator?

A

services that note when a court has mentioned or relied on a case

86
Q

Scholarly but designed for students of law, are generally one-volume works providing an overview of a single legal topic.

A

Hornbooks

87
Q

** USCA

A

United States Code Annotated

- unofficial versions of the U.S.C. w/annotations

88
Q

What are the two main computerized legal research systems?

A

Lexis

and Westlaw

89
Q

** USCCAN

A

United States Code Congressional and Administrative News

- easiest source of commercially compiled federal legislative histories

90
Q

What is West Laws citator?

A

KeyCite

91
Q

ADR

A

Alternative Dispute Resolution

92
Q

USC

A

United States Code

- official government issued compilation of the federal statutes

93
Q

What is ADR used for?

A

it’s an alternative to litigation

and it is cheaper and fast

94
Q

** CFR

A

Code of Federal Regulations

- regulations have the force of law

95
Q

Who uses a 3rd party?

A

both mediation and arbitration

96
Q

USCS

A

United States Code Service

- unofficial versions of the U.S.C. w/annotations

97
Q

Two main forms of ADR

A
  1. Mediation

2. Arbitration

98
Q

Arbitration

A
  • is more like a trial
  • both sides present evidence
  • arbitrator sits like a judge
  • arbitrator makes the decision
  • there is no APPEAL
99
Q

GPO

A

Government Printing Office

100
Q

What do family court judges usually decide?

A

almost always will send you to arbitration

101
Q

How long does it take?

A

it just depends - normally it takes around 3 hours

102
Q

May a paralegal be a mediator?

A

Yes, 40 hours course, but no one is going to hire you

Because they hire lawyers and they know the law.

103
Q

Mediator

A
  • goes back and forth between two rooms
  • mediator resolves cases
  • if you don’t like the outcome you can just not sign
  • you can then go to court
104
Q

Who hires the arbitrator?

A

usually the big corporations and they know the big corporation and not you

105
Q
  • What is an intervention?
A

if other persons have a pecuniary interest in a lawsuit, they may step in and become parties to the lawsuit.

106
Q

** A person giving a deposition is called a

A

deponent

107
Q

** The initial pleading in state court is called a

A

petition

108
Q

**When lawyers speak to and with the jury panel prior to the selection of the jury, this is called ____.

A

voir dire

109
Q

** What two things may take place in trial immediately after both sides rest?

A

rebuttal
and
rejoinder

110
Q

** Who reads the verdict in Texas state courts?

A

clerk

111
Q

** A litigation hold is sent when litigation is (two words)

A

reasonable anticipated

112
Q

** How long does a litigation hold last if litigation has not commenced? (ck on tape to be sure correct answer)

A

until the statute of limitation has expired

113
Q

** How long does a litigation hold last if litigation has already commenced? (ck on tape to be sure correct answer)

A

until the time for all appeals have been exhausted.

114
Q

** What authority is used for “Charters”?

A

primary authority

115
Q

** Services that note when a court has mentioned or relied on a case are called ____.

A

citators

116
Q

** ___ are created by administrative agencies who are given that authority by enabling _____.

A

Regulations

statutes

117
Q

** What authority is used for “regulations”?

A

primary authority

118
Q

** What authority is used for “appellate court cases”?

A

primary authority

Paralegal (28 decks)

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