Here are the answers to yesterday’s quiz on discovery:
1. All of the ones on the form may be used, but it is best to use only the ones that are relevant to the subject matter of the lawsuit.
2. 35
3. 30 days plus 5 days for mailing if the interrogatories were served by mail.
4. 30 days plus 5 days for mailing if the interrogatories were served by mail.
5. Yes, but only if accompanied by a properly served subpoena.
Check your basic understanding of California’s discovery rules. Take the following quiz.
1. How many Form Interrogatories may you request on the form approved by the California Judicial Council?
2. How many Special Interrogatories may you request without attaching a declaration?
3. How long does a party have to respond to interrogatories?
4. How long does a party have to respond to a Demand for Production of Documents?
5. Can a Deposition be taken of a non-party?
See upcoming post for answers to the Discovery Quiz.
1. An offeror is the one to whom the offer is made. FASLE
2. Giving up smoking would not be valid consideration for a contract. FALSE
3. Paying less than $100.00 for any contract would not be sufficient consideration. FALSE
4. Contracts entered into by minors are generally voidable. TRUE
5. Mistake is not a defense to contract. FALSE
6. The UCC (Uniform Commercial Code) applies only to contracts involving the sale of real property. FALSE
7. Compensatory damages, restitution and specific performance are examples of remedies. TRUE
8. Electronic contracts are not valid in the United States. FALSE
9. A patent is considered intellectual property, but a copyright is not. FALSE
10. A mutual mistake is a mistake as to a material fact on the part of only one party to a contract. FALSE
Don’t let your brain get soft over the summer, keep sharp by taking this quiz. Answers will be posted on Monday.
The following are all True/False:
1. An offeror is the one to whom the offer is made.
2. Giving up smoking would not be valid consideration for a contract.
3. Paying less than $100.00 for any contract would not be sufficient consideration.
4. Contracts entered into by minors are generally voidable.
5. Mistake is not a defense to contract.
6. The UCC (Uniform Commercial Code) applies only to contracts involving the sale of real property.
7. Compensatory damages, restitution and specific performance are examples of remedies.
8. Electronic contracts are not valid in the United States.
9. A patent is considered intellectual property, but a copyright is not.
10. A mutual mistake is a mistake as to a material fact on the part of only one party to a contract.
The following are the answers to the Ethics Quiz posted on June 11, 2011
1. Giving legal advice includes:
a. Directing a client how to proceed in a matter that potentially has legal consequences.
b. Helping a client fill out court-related forms.
c. Explaining to a client his or her legal rights and responsibilities.
d. A and C only.
2. The term “independent Paralegal” in California can include a Legal Document Assistant. TRUE or FALSE
3. Lawyers are obligated not to aid in the unauthorized practice of law. TRUE or FALSE
4. Law students can make court appearances without supervision of an attorney. TRUE or FALSE
5. The emergence of the paralegal profession has resulted in the increase of unauthorized practice of law prosecutions. TRUE or FALSE
6. Representing oneself in a lawsuit can be considered the unauthorized practice of law. TRUE or FALSE
7. No one definitive list of activities constitutes the practice of law. TRUE or FALSE
8. According to the generally understood definition o the practice of law, the preparation of court pleadings and other papers related to a lawsuit and the management of the lawsuit is generally included within the definition of the practice of law. TRUE OR FALSE
9. Education for Paralegals in California
a. Is required by law
b. Is required by the job market
c. Requires an associate’s degree
d. Requires a law degree
10. The only California law that is relevant to legal ethics is the California Business and Professional Code. TRUE or FALSE.
Test your knowledge of legal ethics in California. See how well you do. If you intend to be a Paralegal or Legal Document Assistant (LDA), you need to be very familiar with the ethical rules that apply to lawyers and their staff.
1. Giving legal advice includes:
a. Directing a client how to proceed in a matter that potentially has legal consequences.
b. Helping a client fill out court-related forms.
c. Explaining to a client his or her legal rights and responsibilities.
d. A and C only.
2. The term “independent Paralegal” in California can include a Legal Document Assistant. TRUE or FALSE
3. Lawyers are obligated not to aid in the unauthorized practice of law. TRUE or FALSE
4. Law students can make court appearances without supervision of an attorney. TRUE or FALSE
5. The emergence of the paralegal profession has resulted in the increase of unauthorized practice of law prosecutions. TRUE or FALSE
6. Representing oneself in a lawsuit can be considered the unauthorized practice of law. TRUE or FALSE
7. No one definitive list of activities constitutes the practice of law. TRUE or FALSE
8. According to the generally understood definition o the practice of law, the preparation of court pleadings and other papers related to a lawsuit and the management of the lawsuit is generally included within the definition of the practice of law. TRUE OR FALSE
9. Education for Paralegals in California
a. Is required by law
b. Is required by the job market
c. Requires an associate’s degree
d. Requires a law degree
10. The only California law that is relevant to legal ethics is the California Business and Professional Code. TRUE or FALSE.
Answers in Monday’s blog.
The following are the answers to yesterday’s quiz. Let me know how you did!
1. Death or insanity of either the offeror or the offeree ordinarily terminates the offer. TRUE
2. An offer can be communicated by words or by conduct. TRUE
3. Alejandro posts a sign in his condo community center offering $1,000 for the return of his prize Poodle, Puddles. Miriam, who doesn’t know about the reward, finds the dog and returns it to Alejandro. Miriam is entitled to the reward. FALSE
4. The “mirror rule” applies to acceptance. TRUE
5. George sent an email of acceptance to an offer that had expired. He has made a contract. FALSE
6. The receipt of a counteroffer terminates the original offer. TRUE
7. A conditional acceptance is a form of counteroffer. TRUE
8. If an offer requires acceptance by email, and the offeree faxes acceptance, there is no contract. FALSE
9. Sandy offers to sell her laptop to Eddie for $600.00. Betty overhears the offer and says, “I accept the offer.” This is valid acceptance. FALSE
10. An offer must be in a specified form to have legal effect. FALSE
Do the following quiz as a way to see how much you know about California Civil Procedure. Answers will be in tomorrow’s post.
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 or false?
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. True or 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. True or false?
4. The California discovery act is identical to federal law in all points. True or false?
5. Most discovery procedures are available as a matter of right, and no showing of “good cause” is required. True or false?
6. A deposition is testimony taken before trial, not under oath, subject to cross examination, and preserved in writing. True or false?
7. A deposition can be taken either orally or in writing. True or false?
8. Discovery is usually filed with the court. True or false?
9. A deposition cannot be recorded using video or audiotape. True or false?
10. By federal law, no default judgment may be taken against which of the following persons?
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
Test your basic knowledge of civil procedure:
1. The Judicial Council has not developed a form for cross-complaints. True/False
2. Complaints that are drafted on pleading paper must use the recycled paper. True/False
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. True/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. True/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 _________ defendants.
6. In a tort case , a plaintiff may seek _______ 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. True/False
Answers in tomorrow’s post.
Paralegal Essentials 