CP Civil Litigation & Procedure 5

Question 1

In California, a 'default' is entered against a defendant who fails to respond to the complaint within the allotted time. What must a plaintiff do BEFORE a default can be entered?

Accepted Answer

File a request for entry of default with proof of service

Answer

Under CCP § 585, a plaintiff must file a request for entry of default accompanied by proof of service showing the defendant was properly served and failed to respond.

Question 2

Under California's Anti-SLAPP statute (CCP § 425.16), a SLAPP suit is a lawsuit that arises from:

Accepted Answer

A person's exercise of their constitutional right of petition or free speech on a public issue

Answer

CCP § 425.16 targets 'strategic lawsuits against public participation' — suits arising from protected activity in connection with a public issue — allowing early dismissal via a special motion to strike.

Question 3

A 'stipulation' in California civil litigation is best described as:

Accepted Answer

A written agreement between parties regarding a procedural or substantive matter

Answer

A stipulation is a voluntary written agreement between the parties (and their counsel) on procedural or substantive matters, which may be binding upon the court.

Question 4

Under CCP § 998, a party may serve an offer to compromise. If the offering party obtains a judgment more favorable than the offer, the other party may be liable for:

Accepted Answer

The offering party's expert witness fees incurred after the offer date

Answer

Under CCP § 998(c), if a defendant's offer is not accepted and the plaintiff fails to obtain a more favorable judgment, the plaintiff may be ordered to pay the defendant's expert witness costs incurred after the offer.

Question 5

In a California civil jury trial, the standard of proof for most civil claims requires the party with the burden of proof to establish their case by:

Accepted Answer

A preponderance of the evidence

Answer

The standard of proof in most California civil cases is preponderance of the evidence — meaning it is more likely than not that the fact is true.

(CP) California Certified Paralegal Practice Test

(CP) California Certified Paralegal Practice Test

CP Civil Litigation & Procedure 5