ACP Specialized Legal Procedures & Case Management 2 — Questions and Answers
Question 1: In federal civil litigation, what is the purpose of a Rule 26(f) conference?
- To argue motions in limine before trial
- To plan discovery and discuss case management issues (Correct answer)
- To settle the case before discovery begins
- To select jurors for the trial panel
Correct answer: To plan discovery and discuss case management issues
Rule 26(f) requires parties to meet and confer to plan discovery, discuss preservation of electronically stored information, and address case management issues before the scheduling order is entered.
Question 2: A paralegal is managing a complex multi-party litigation. Which document best tracks all deadlines, court dates, and filing requirements across parties?
- A client intake form
- A master litigation calendar (Correct answer)
- A retainer agreement
- A conflict check log
Correct answer: A master litigation calendar
A master litigation calendar centralizes all deadlines, hearing dates, and filing requirements across all parties and claims in a complex case.
Question 3: In a Chapter 11 bankruptcy case, what is the automatic stay's primary effect?
- It permanently discharges all unsecured debts
- It halts most collection actions and lawsuits against the debtor (Correct answer)
- It converts the case to Chapter 7 automatically
- It appoints a trustee to liquidate the estate
Correct answer: It halts most collection actions and lawsuits against the debtor
The automatic stay under 11 U.S.C. § 362 immediately halts most collection actions, lawsuits, foreclosures, and other proceedings against the debtor upon filing.
Question 4: When preparing a summary judgment motion, what evidentiary standard must the moving party satisfy under FRCP Rule 56?
- Proof beyond a reasonable doubt
- Showing there is no genuine dispute of material fact (Correct answer)
- Demonstrating a preponderance of evidence at trial
- Establishing probable cause for the claim
Correct answer: Showing there is no genuine dispute of material fact
Under FRCP Rule 56, the moving party must show there is no genuine dispute as to any material fact and that it is entitled to judgment as a matter of law.
Question 5: Which type of discovery tool requires a party to admit or deny the truth of specific statements of fact?
- Interrogatories
- Requests for production
- Requests for admission (Correct answer)
- Depositions upon written questions
Correct answer: Requests for admission
Requests for admission under FRCP Rule 36 require a party to admit or deny specified facts, and unanswered requests are deemed admitted.
Question 6: A paralegal working on a product liability case needs to preserve physical evidence. Which legal doctrine requires timely preservation of relevant evidence?
- Res ipsa loquitur
- Spoliation of evidence doctrine (Correct answer)
- Collateral estoppel
- Assumption of risk
Correct answer: Spoliation of evidence doctrine
The spoliation doctrine imposes a duty to preserve evidence once litigation is reasonably anticipated, and destruction can result in sanctions or adverse inference instructions.
Question 7: In workers' compensation proceedings, which document typically initiates the formal claims process after an employer disputes liability?
- A petition for hearing or application for adjudication (Correct answer)
- A summons and complaint filed in federal court
- A notice of removal to circuit court
- A writ of mandamus to the agency
Correct answer: A petition for hearing or application for adjudication
When an employer disputes a workers' compensation claim, the injured worker typically files a petition for hearing or application for adjudication with the state workers' compensation board.
ACP Specialized Legal Procedures & Case Management 2
In federal civil litigation, what is the purpose of a Rule 26(f) conference?