Civil Litigation & Trial Preparation Flashcards
7 cards from real ACP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Civil Litigation & Trial Preparation flashcards as text
The 'but-for' test is most commonly used to establish which element of a negligence claim?
Answer: Causation
The 'but-for' test for actual causation asks whether the plaintiff's injury would not have occurred but for the defendant's negligent conduct.
When calculating a statute of limitations deadline, paralegals should be aware that if the last day falls on a weekend or legal holiday, the deadline is:
Answer: Extended to the next business day
Under FRCP Rule 6(a)(1)(C), if the last day of a period falls on a Saturday, Sunday, or legal holiday, the deadline extends to the next day that is not a Saturday, Sunday, or legal holiday.
An affirmative defense must be raised by the defendant in the answer or it may be:
Answer: Waived if not timely asserted
Affirmative defenses such as statute of limitations, res judicata, and failure to state a claim must be pleaded in the answer or they risk being waived under FRCP Rule 8(c).
In federal court, which pleading standard established by Bell Atlantic Corp. v. Twombly requires a complaint to contain sufficient factual matter to state a plausible claim?
Answer: Plausibility pleading standard
Twombly (2007) and Iqbal (2009) together established the plausibility pleading standard, requiring complaints to allege enough facts to make the claim facially plausible, not merely conceivable.
Which type of jurisdiction refers to a court's power over the specific subject matter of the dispute?
Answer: Subject matter jurisdiction
Subject matter jurisdiction refers to a court's authority to hear a particular type of case, such as federal question jurisdiction or diversity jurisdiction in federal courts.
A paralegal is asked to serve a summons and complaint. Under the FRCP, which of the following is generally NOT an acceptable method of service?
Answer: Certified mail without the defendant's signature waiver
Federal rules do not permit service by certified mail alone as a default method; service requires personal delivery, dwelling service, or a signed waiver, among other methods under FRCP Rule 4.
During trial, a lay witness may generally testify to opinions that are:
Answer: Rationally based on their own perception and helpful to the trier of fact
Under FRE 701, a lay witness may offer opinion testimony if it is rationally based on the witness's own perception, helpful to the jury, and not based on scientific or specialized knowledge.