Specialized Legal Procedures & Case Management Flashcards

When a defendant in a civil case fails to respond to a complaint within the required time, what procedural remedy is available to the plaintiff?

Answer: Requesting entry of default and then a default judgment

Under FRCP Rule 55, when a defendant fails to plead or otherwise defend, the plaintiff may seek entry of default from the clerk, followed by a motion for default judgment.

In securities law, a paralegal assists with a registration statement filed before an IPO. With which federal agency is this statement filed?

Answer: The Securities and Exchange Commission (SEC)

Under the Securities Act of 1933, companies must file a registration statement (including a prospectus) with the SEC before offering securities to the public.

A paralegal is preparing a motion to suppress evidence in a criminal case. Which constitutional amendment is most directly implicated by an unlawful search and seizure?

Answer: The Fourth Amendment

The Fourth Amendment protects against unreasonable searches and seizures, and evidence obtained in violation of it may be suppressed under the exclusionary rule.

In contract law, what doctrine allows a court to refuse enforcement of a contract that is oppressively one-sided or shocks the conscience?

Answer: Unconscionability

Unconscionability under UCC § 2-302 and common law allows a court to refuse enforcement of, or modify, a contract that is procedurally or substantively unconscionable.

A paralegal preparing an appellate brief must follow strict court formatting rules. Under FRAP Rule 32, what is the standard page limit for a principal brief in a federal court of appeals absent court order?

Answer: 25 pages or 13,000 words

FRAP Rule 32(a)(7) limits principal briefs to 30 pages or, if using a word limit, 13,000 words (or 1,300 lines for monospaced type).

When conducting legal research, which citation format is widely used in U.S. legal documents to ensure uniform citation of cases, statutes, and secondary sources?

Answer: The Bluebook: A Uniform System of Citation

The Bluebook is the standard legal citation manual used in U.S. courts, law reviews, and legal documents to ensure consistent citation of all legal authorities.

In a medical malpractice case, what is the primary function of a certificate of merit (or certificate of good faith) required in many states before filing suit?

Answer: To certify that a qualified expert has reviewed the case and believes a meritorious claim exists

Many states require a certificate of merit (or affidavit of merit) signed by a licensed medical expert confirming the claim has merit before a medical malpractice suit may be filed, to screen out frivolous claims.