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11) Three-quarters of the states remain contributory negligence states. A) True B) False 12) To use the assumption of the risk defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused. A) True B) False 13) Implied assumption of the risk occurs when the.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false. 1) Motions are the same as pleadings. 2) Motions are used by parties in a civil action to request court permission or intervention on certain issues. 3) Motions can only be used in the pretrial phase. 4) Motions can.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false. 41) An attorney could lose his/her license or have it suspended as a result of a legal assistants' act or failure to act. 42) Legal assistants may draft interrogatories. 43) When the firm they provide services to states.
21) Breach of duty in a negligence case refers to ________. A) An obligation to measure compensable losses suffered by the plaintiff. B) Actual harm, or cause in fact, which resulted from a failure to live up to a standard of care. C) A failure to live up to the standard of care.
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 21) Searching databases is frequently frustrating because: A) Using words that can have multiple meanings can produce too few results B) Using common words can produce too many results C) Using words that have specific legal meaning can produce.
56) Darryl is jaywalking in a jurisdiction that applies contributory negligence. Slick sees Darryl in the street, notices that he is not in the crosswalk, and proceeds to hit Darryl with his vehicle because he believes that Darryl should be taught a lesson about how to cross the street. Slick.
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 21) What is the name of the court's official record of the actions in a case? A) Clerk records B) Docket C) Tickler D) Transcript 22) If a fair trial could not possibly be reached in the court where the lawsuit.
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 41) Trial preparation requires: A) Investigating the jury B) Preparing clients and witnesses C) Preparing exhibits D) All of the above 42) A trial notebook contains: A) Copies of legal authority B) Sections for each witness, including potential questions and exhibits they will.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false. 1) Paralegals and legal assistants should not be overwhelmingly concerned with case management issues. 2) Organizing, storing and retrieving documents relevant to the litigation is case management. 3) Technological advancements require members of the legal team to work.
36) "But for" causation refers to which of the following? A) Significant cause. B) Legal cause. C) Actual cause. D) Constructive cause. E) Proximate cause. 37) Which of the following is sometimes referred to as proximate cause? A) Legal cause. B) Factual Cause. C) Actual cause. D) Significant cause. E) Cause in fact. 38) Which of the following refers to the extent.
66) In reference to the case in the text, Ex Parte Emmette L. Barran, III, what was the result after the plaintiff sued the national and local Kappa Alpha organization following hazing activities? A) The court dismissed the lawsuit on the basis that the plaintiff assumed the risk of harm. B) The.
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 21) Privileged communications: A) Are confidential communications between attorney and client B) Are communications between the judge and opposing attorneys in the case outside the hearing of the jury and clients C) Are communications between the attorney and the.
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 41) Litigation presentation programs offer a comprehensive approach to presenting all of the following except: A) Live testimony B) Documents C) Audio or video presentations D) Photographs and graphic images 42) ________ programs can be used to produce electronic or paper.
6) When a plaintiff uses res ipsa loquitor, the plaintiff must show direct evidence of the defendant's lack of due care to prove the defendant's negligence was the cause of harm. A) True B) False 7) When negligence per se applies, the plaintiff is required to show that a reasonable person would exercise.
[Blow Up] Devin has several full gas cans in the bed of her pick-up truck, because she runs a landscaping company and needs the gas for her mowers. On the way home from the gas station, Devin stops at her bank and exits her truck. Teresa pulls behind her and.
61) Which of the following occurs when a plaintiff expressly agrees, usually in a written contract, to assume the risk posed by the defendant's behavior? A) Express assumption of the last-clear-chance doctrine. B) Implied assumption of the last-clear-chance doctrine. C) Implied assumption of the risk. D) Assumption by incident. E) Express assumption of the risk. 62).
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 41) A complaint can best be described as: A) The defendant responding to a pleading with answers to accusations made against them B) The plaintiff's initiation of a civil lawsuit by filing a pleading with a court of.
31) It is a generally accepted precaution for dentists to warn patients of risks and exercise extra caution if patients are on anticoagulants (blood thinners) and must undergo dental procedures. A dentist fails to alert a patient (who the dentist knows is on anticoagulants) of the risks of a procedure.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false. 1) A formal request for examination of a party is limited to those situations where the physical or mental condition of the person is at issue in the case. 2) In a personal injury case the examination.
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 21) Sidebar conferences: A) Are distracting and should be limited so that the jury doesn't think they are being excluded from important testimony B) Are helpful trial tools and should be used frequently C) Are only allowed in criminal.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false. 41) The highest court in all 50 states is called the state Supreme Court. 42) Appeals courts hear live testimony from witnesses. 43) Settlements are discouraged by judges because judges want every case to go to trial so.
21) The soccer league in England is notorious for the number of team managers fired over the course of a single season, which stands at no fewer than eight managers on average, owing to poor team form and consequently, poor results. It is evident from this information that the league.
41) What is the final required element of a negligence action? A) Proving reasonableness. B) Seeking damages. C) Arguing assumption of the risk. D) A defendant paying a prevailing plaintiff's legal fees. E) Receiving punitive damages. 42) Which of the following damages are intended to reimburse a plaintiff for his or her losses? A) Nominal. B) Exemplary. C) Compensatory. D).
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false. 1) Paralegals may practice law in the jurisdiction where they are domiciled. 2) Civil litigation is not an important aspect of the legal profession. 3) Paralegals rarely have direct contact with clients. 4) Civil litigation and criminal law are.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false. 1) Discovery is a mundane process and can only be performed by attorneys. 2) The rules of evidence coupled with the rules of procedure are designed to provide a level playing field for conducting a trial. 3) Only.
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 58) Self-authenticating documents can include all but which of the following? A) Properly identified foreign public documents B) Certified copies of official business records C) Domestic public documents under seal D) Copies of Internet blog material 59) Despite the best evidence.
88) Identify and explain the elements of negligence. 89) What does "res ipsa loquitur" mean? What must a plaintiff demonstrate in order rely upon that doctrine? .
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 21) Oral depositions obtained through discovery can preserve oral testimony of witnesses: A) And cannot be used at trial to challenge the truthfulness of the same witness B) And eliminates the need of witnesses to testify at trial C).
26) The CEO of a peanut company knows that its products test positive for salmonella but sell the peanuts away. Consequences can include: A) Only government-mandated bankruptcy and restructuring of the peanut company. B) Potential criminal charges against the CEO, as well as lawsuits brought by injured victims. C) Neither criminal nor civil.
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 41) The judgment debtor is: A) The loser at trial but not owed any money award B) The winner at trial but not owed any money award C) The loser at trial that owes damages to the opposing party D).
71) Which of the following is a condition required for the imposition of strict liability? A) The activity is undertaken by a minor. B) The activity is heavily regulated. C) The activity involves trespassing in a way that reasonably leads to fright on the part of home owners. D) The activity is so inherently.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false. 1) A paralegal or legal assistant must make it clear he or she is a paralegal in an intake interview. 2) A paralegal must be careful not to give legal advice during an intake interview. 3) A leading.
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 21) E-discovery will be relatively easy if the information sought is stored, and probably unlikely if it is contained in: A) Spreadsheets B) Email C) Instant messages D) Word processed documents 22) An advantage of requesting documents in their native format.
16) Which of the following was the result on appeal in John Coomer v. Kansas City Royals Baseball Team, the case in the text in which the plaintiff sued after being hit in the eye by a hotdog thrown into the stands by a team mascot during the "Hotdog Launch,".
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false. 1) Interrogatories are part of the pretrial discovery process. 2) Interrogatories are written questions that must be answered in writing under oath by the opposing party. 3) Interrogatories do not have a set time deadline to be answered,.
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 21) A common appealable error is or involves: A) The other side used electronic presentation software B) The jury received an incorrect instruction that misstated the law C) An allegation that a witness was not very credible D) The opponent.
ESSAY QUESTIONS 86) Legally speaking, do individuals have a general duty to rescue strangers from perilous situations in most jurisdictions? Discuss your position on whether or not individuals should have a duty under tort law to rescue strangers from perilous situations, and describe how you think the law should be written.
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 41) The complaint: A) Is a pleading made by the plaintiff(s) to initiate a civil lawsuit B) Is a motion made by the defendant to state differences with the sitting judge C) Is a motion made by the plaintiff.
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 21) An improper response to a request for admissions would be: A) A denial accompanied by alternate facts or law B) An objection with grounds alleged C) An admission of the truth of the matter averred D) Insufficient knowledge E) None.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false. 1) The two forms of remedies are monetary damages and equitable remedies. 2) Tort cases can only be filed in state court. 3) A cause of action is a fact or set of facts that is the basis.
46) When would a defendant use the doctrine of res ipsa loquitur? A) To allow the judge and jury to presume the plaintiff destroyed evidence. B) To allow the judge and jury to infer that more likely than not, the defendant's negligence was not the cause of the plaintiff's harm. C) To allow.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false. 41) Hearsay is an out-of-court statement offered at trial for any purpose. 42) Generally the rules of evidence apply to administrative agency proceedings. 43) An offer to settle is an admission of guilt. 44) A fact witness must have.
90) Deb lives in a jurisdiction where all residential swimming pools are required by law to be fenced in by a fence that is at least six feet tall in order to prevent accidental drowning. Deb built a pool in her backyard a couple of months ago, but she hasn't.
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 41) Programs which use search algorithms to search a small set of documents that have already been manually reviewed are: A) OCR programs B) Native format programs C) Predictive coding programs D) All of the above 42) Which of the following.
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 21) Litigation support managers: A) Determine strategy used at trial B) Coordinate and facilitate the legal team's use of technology C) Assist at trial D) All of the above 22) For the paralegal, the structure of the law office: A) Determines who.
51) Which of the following applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs? A) Comparative negligence. B) Statutory shop act. C) Negligence per se. D) Assumption of the risk. E) Res ipsa loquitur. 52) Which.
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 21) Which of the following is an equitable remedy? A) Punitive damages B) Liquidated damages C) Compensatory damages D) Injunction 22) Which type of damages are damages to which parties to a contract agree in advance should be paid if the.
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 41) The deposition summary, or digest, of an expert witness: A) Will include written follow-up questions for a future deposition B) Will include biographical information C) Will include a summary of the deposition, with links to the actual transcript.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false. 1) Posttrial procedure refers to the appeals process. 2) Court rules allow for unlimited time to file an appeal. 3) Posttrial relief must be taken within 10 days (usually) and is concerned with errors made at trial. 4) Errors.
[Diving Fiasco] Rogerio, who owns a dive shop in the U.S., takes a group of his customers diving in U.S. waters. Rogerio is aware that the area where the divers will be visiting is occasionally visited by sharks. He is also aware that, while sting rays are usually tame, they.
