Paralegal Exam - Civil Litigation Questions and Answers Already Passed

Paralegal Exam - Civil Litigation Questions and Answers Already Passed For an attorney or paralegal working with the attorney to personally contact an opposing party who is represented by counsel is... Unethical A contract between two or more parties to a settle a case is know as a... Settlement Agreement A document filed with the clerk of court that ends a lawsuit, and by its terms states that no other lawsuits may be brought by the same persons on the same subject matter or claims, is called a... Dismissal with Prejudice A document filed with the clerk of court that ends a lawsuit, but allows another lawsuit to be brought by the same persons on the same subject matter or claims, is called a... Dismissal without Prejudice When the defendant consents to take certain actions, often without admitting fault for the plaintiff's claims, this is called a... Consent Decree This may contain a pinpoint citation, is a legal address, and may be accompanied by a parallel citation. Case Citation A memorandum of law, also known as a brief, is usually submitted to a... Judge A Motion for Directed is made when? During the Trial The two bases of federal jurisdiction are: 1) federal question (statutory or constitutional), and... Diversity of Citizenship An interoffice memo should be... Objective/Neutral This is law, "rolls downhill," and is binding on lower courts in the same jurisdiction. Primary Mandatory Authority This is case law, statutory law, or an ordinance if they come from outside of your jurisdiction. Persuasive Authority This is case law, statutory law, or an ordinance if they come from within your district. Mandatory Authority The person who appeals a case to a higher court is called the... Appellant A document filed with the court and served on the opposing party, giving notice of an intention to appeal is called a... Notice of Appeal To request a hearing in the U.S. Supreme Court, one would file a... Petition for Writ of Certiorari This includes mediation, arbitration, and a summary jury trial. Alternative Dispute Resolution (ADR) A state's official publication of its case law is known as a... Report Peremptory challenges may be used by a party during...