Paralegal Essentials – Civil Procedure (Quiz – Key)

Here are the answers to yesterday’s quiz:

1.  Technically speaking, defendants are “in default” if they fail to file an answer, demurrer or other responsive pleading within the time allowed by law.  True

2.  Once the clerk has entered the default of the defendant, there is no need to “prove up” the judgment, and the plaintiff can begin the collection procedures.  False

3.   The court can grant relief that was not demanded in the complaint if the default of the defendant has been entered as long as the relief requested is reasonable.  False

4.   The California discovery act is identical to federal law in all points.  False

5.  Most discovery procedures are available as a matter of right, and no showing of “good cause” is required.  True 

6.  A deposition is testimony taken before trial, not under oath, subject to cross examination, and preserved in writing.  False

7.  A deposition can be taken either orally or in writing.  True

8.  Discovery is usually filed with the court.  False

9.  A deposition cannot be recorded using video or audiotape.  False

10.  By federal law, no default judgment may be taken against which of the following persons?

  • Person in active military service

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