CP Civil Litigation Procedures Questions and Answers 1

Question 1

In a civil lawsuit, the plaintiff's attorney sends the defendant a written list of questions that must be answered in writing under oath. This discovery tool is known as:

Accepted Answer

Interrogatories

Answer

Interrogatories are written questions sent by one party to another as part of the discovery process to be answered in writing under oath. A deposition involves oral testimony, a request for admission asks the other party to admit or deny specific facts, and a request for production asks for documents.

Question 2

A defendant in a breach of contract case files a motion for summary judgment. What is the primary purpose of this motion?

Accepted Answer

To ask the court to decide the case without a full trial because there are no genuine disputes of material fact.

Answer

A motion for summary judgment argues that the undisputed facts, when viewed in the light most favorable to the non-moving party, show that the moving party is entitled to judgment as a matter of law. It's a pre-trial motion to resolve the case without a full trial. Motions to dismiss often address jurisdictional issues, motions to compel deal with discovery disputes, and motions for a new trial are post-trial motions.

Question 3

Which of the following affirmative defenses prevents a party from re-litigating a specific issue that has already been determined in a prior, separate lawsuit?

Accepted Answer

Collateral estoppel

Answer

Collateral estoppel, also known as issue preclusion, prevents the re-litigation of a specific issue of fact or law that has already been necessarily decided in a prior case. Res judicata, or claim preclusion, prevents an entire claim from being re-litigated. Laches is an equitable defense based on unreasonable delay, and the Statute of Frauds requires certain contracts to be in writing.

Question 4

A paralegal is assisting an attorney in preparing for trial. The attorney wants to prevent the opposing counsel from mentioning the defendant's prior, unrelated criminal conviction in front of the jury. Which pre-trial motion would be the most appropriate to file?

Accepted Answer

Motion in limine

Answer

A motion in limine is a pre-trial motion asking the court to rule that certain evidence should be excluded from trial. This is used to prevent the jury from hearing prejudicial information that may not be relevant to the case. A motion for a directed verdict is made during trial, a motion to compel relates to discovery, and a JNOV is a post-trial motion.

Question 5

During a personal injury trial, a witness testifies, "My neighbor told me that the red car ran the stop sign." The opposing attorney objects. What is the most likely basis for the objection?

Accepted Answer

Hearsay

Answer

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. The witness is repeating what someone else said (an out-of-court statement) to prove that the red car did, in fact, run the stop sign. Unless an exception applies, this type of testimony is generally inadmissible.

(CP) NALA Certified Paralegal Practice Test

(CP) NALA Certified Paralegal Practice Test

CP Civil Litigation Procedures Questions and Answers 1