TEST BANK FOR CIVIL LITIGATION- QUESTIONS ANSWERED CORRECTLY (LATEST VERSION 2024) FULLY SOLVED
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Module
CIVIL LITIGATION
Institution
CIVIL LITIGATION
TEST BANK FOR CIVIL LITIGATION- QUESTIONS ANSWERED CORRECTLY (LATEST VERSION 2024) FULLY SOLVED
Civil Litigation - Answers the process of resolving private disputes through the court system
Trial - Answers a court proceeding in which parties to a lawsuit present their evidence to a judge or jury...
TEST BANK FOR CIVIL LITIGATION- QUESTIONS ANSWERED CORRECTLY (LATEST VERSION 2024) FULLY
SOLVED
Civil Litigation - Answers the process of resolving private disputes through the court system
Trial - Answers a court proceeding in which parties to a lawsuit present their evidence to a judge or jury
and the judge or jury make a decision in favor of one party.
Substantive law - Answers Law that determines parties rights and obligations
Procedural Law - Answers Laws that set forth legal procedures or methods used to enforce the law
Criminal Law - Answers Laws that prohibits conduct that society deems harmful and provides for
punishment in the form of jail, fines or probation
Criminal Procedure - Answers Rules that apply in a criminal case and determines how is proceeds though
the legal system
Civil Procedure - Answers Rules that apply in a civil case and determines how it proceeds through the
legal system
Civil Law - Answers - laws dealing with private disputes between parties. (person v. person)
Plaintiff - Answers Person who sues
Complaint - Answers 1st legal document filed with the Clerk in connection with a lawsuit.
Petition - Answers an initial document filed with the Court asking for some type of order
Answer - Answers Response by the Defendant to the initial allegation contained in a Complaint.
Judgment - Answers - in a civil action - the final decision from the Court.
Pleading - Answers documents filed that describe the nature of the dispute and most often contain the
factual contentions of the parties
Discovery - Answers The procedure by which parties have the right to obtain information from other
parties. Includes Interrogatories, Request for Admissions, Request for Production of Documents and
Depositions.
Motion - Answers A request that a judge make a ruling or take some action in connection with a pending
lawsuit.
Writ of Execution - Answers a court order authorizing the seizure and sale of a person's property to
satisfy a judgment against that party.
ADR - Answers Alternative Dispute Resolutions
, Arbitration - Answers conducted by an Arbitrator who is a neutral 3rd party. The parties agree before
hand to be bound by the Arbitrator's decision. Arbitrator's decision can be APPEALED.
Mediation - Answers - conducted by a Mediator who is a neutral 3rd party. The parts are not bound by
the arbitrator's recommendations and can proceed to trial.
Administrative Hearing Agency - Answers internal hearings set up in agencies that are not allowed in
court - such as social security administration. An internal panel will address and hear any issues and
make a ruling.
The Litigation Process - Answers • Plaintiff Files a complaint
• Defendant is served
• If Defendant answers then go to
• Discovery
• Pretrial Motions
• Trial
• If defendant DOES NOT ANSWER
• Defendant is in DEFAULT
• Judgment Entered by the Court
Settlement - Answers agreement that resolves a dispute without the need for court action.
Judgment - Answers Decision made by a judge or jury regarding the facts and allegations filed in a
complaint in favor or one party over the other.
Primary Sources of Law - Answers contain actual law, e.g. reporters
• Local rules of Court - Rules that are adopted by individual court and apply on in those courts
Secondary Sources of Law - Answers Explain or describe the law
• Form books - books containing sample forms for legal professionals to follow in preparing pleadings
and other documents.
Role of a Paralegal - General Responsibilities - Answers 1. Managing firm's calendaring system
2. Organizing client files
3. Assisting with technology
Role of a Paralegal - Prelitigation - Answers 1. Interviewing clients
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