Paralegal Essentials – Civil Procedure – Quiz (Key)

Here are the answers to yesterday’s quiz:

1. The Judicial Council has not developed a form for cross-complaints.  False

2. Complaints that are drafted on pleading paper must use the recycled paper. True

3. If the plaintiff or defendant in a complaint is a corporation, their status as such does not need to be stated as the other party can discover that with a process called “discovery” during the lawsuit.  False

4. If Walter and Robert are partners in a general partnership, and ABC Company owes them money, either of them can file a complaint to collect the money in their individual name since each general partner has authority and it is not necessary to file in the name of the partnership.   False

5. If a plaintiff is ignorant of the true name of a possible defendant, that plaintiff may include fictitious names as defendants in the complaint, and they are known as DOE defendants.

6. In a tort case , a plaintiff may seek PUNITIVE damages for “oppression, fraud or malice” by the defendant.

7. Since a Judicial Council has been approved by the legislature, it will withstand an attack by the defendant even if one or more blanks are inadvertently not filled in or checked.  False

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