Paralegal Certification (CP / CLA) Civil Litigation and Procedure Syllabus

Civil Litigation and Procedure syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Civil Litigation and Procedure in Paralegal Certification (CP / CLA), not a summary of it.

1. 1

   Pre-Litigation and Pleadings

   4 topics

   • Case evaluation and statutes of limitations
   • Initial pleadings
     • Complaint and summons
     • Answer, affirmative defenses, and counterclaims
   • Service of process
     • Methods of service
     • Proof of service
   • Motions to dismiss
2. 2

   Discovery

   4 topics

   • Discovery devices
     • Interrogatories and requests for production
     • Requests for admission
     • Depositions
   • Scope and limits of discovery
   • Electronic discovery
     • ESI preservation and litigation holds
     • Privilege logs and clawback
   • Discovery disputes and motions to compel
3. 3

   Trial and Post-Trial

   5 topics

   • Pretrial motions and conferences
   • Trial process
     • Jury selection (voir dire)
     • Opening statements, examination, and closing
   • Verdicts and judgments
   • Post-trial and appeals
     • Post-trial motions
     • Notice of appeal and the record
   • Enforcement of judgments
4. 4

   Alternative Dispute Resolution

   3 topics

   • Negotiation and settlement
   • Mediation
   • Arbitration and binding agreements

Civil Litigation and Procedure flashcards for Paralegal Certification (CP / CLA)

25 of 50 cards from the Civil Litigation and Procedure deck — real questions with worked answers.

1. What is a statute of limitations in civil litigation?

   A law setting the maximum time period after an event within which a lawsuit must be filed; once it expires, the claim is time-barred and the defendant can move to dismiss.

2. What is the 'discovery rule' as it relates to statutes of limitations?

   An exception under which the limitations period does not begin to run until the plaintiff discovers (or reasonably should have discovered) the injury and its cause.

3. During case evaluation, what key elements must a paralegal assess before filing suit?

   The legal merits/elements of the claim, applicable statute of limitations, proper jurisdiction and venue, identity and solvency of defendants, available remedies/damages, and likelihood of recovery.

4. What is 'tolling' of a statute of limitations?

   The pausing or suspension of the limitations clock for legally recognized reasons (e.g., plaintiff is a minor, mentally incompetent, defendant is absent from the jurisdiction, or fraudulent concealment).

5. What is a complaint (or petition) in civil procedure?

   The initial pleading filed by the plaintiff that states the basis for jurisdiction, the factual allegations, the legal claims (causes of action), and the relief or damages sought.

6. What are the three essential parts of a federal complaint under Rule 8(a)?

   (1) A short and plain statement of the grounds for jurisdiction, (2) a short and plain statement of the claim showing entitlement to relief, and (3) a demand for the relief sought.

7. What is an answer in civil procedure?

   The defendant's responsive pleading that admits or denies each allegation of the complaint and asserts any affirmative defenses and/or counterclaims.

8. What is an affirmative defense? Give two examples.

   A defense that, even if the plaintiff's allegations are true, defeats or bars the claim. Examples: statute of limitations, contributory/comparative negligence, res judicata, accord and satisfaction, assumption of risk.

9. Distinguish a counterclaim, a cross-claim, and a third-party claim.

   Counterclaim: a claim by defendant against plaintiff. Cross-claim: a claim against a co-party (e.g., co-defendant). Third-party claim (impleader): defendant brings in a new party who may be liable for all or part of the plaintiff's claim.

10. What is the difference between a compulsory and a permissive counterclaim?

    A compulsory counterclaim arises from the same transaction or occurrence as the plaintiff's claim and is waived if not raised; a permissive counterclaim is unrelated and may be filed in the same or a separate action.

11. What is service of process?

    The formal delivery of the summons and complaint to the defendant, giving the court personal jurisdiction and satisfying the defendant's due process right to notice.

12. What is a summons?

    A court-issued document notifying the defendant that a lawsuit has been filed and that they must respond within a specified time (commonly 21 days in federal court) or risk a default judgment.

13. Name three permitted methods of serving an individual under Federal Rule 4(e).

    (1) Personal/hand delivery to the defendant, (2) leaving copies at the defendant's dwelling with a person of suitable age and discretion who resides there, and (3) delivery to an authorized agent; or any method allowed by state law.

14. What is a waiver of service under Federal Rule 4(d)?

    A procedure where the plaintiff mails the defendant a request to waive formal service; if the defendant waives, they get more time to answer (60 days) and avoid the cost of formal service, but if they refuse without good cause they must pay service costs.

15. What is a proof of service (return of service)?

    A document filed with the court, signed by the process server, attesting that the summons and complaint were served, including the date, time, manner, and person served.

16. What is a motion to dismiss?

    A pretrial motion asking the court to terminate the case (or specific claims) without trial because of a legal defect, typically before the defendant files an answer.

17. List the defenses raised by a Rule 12(b) motion to dismiss.

    12(b)(1) lack of subject-matter jurisdiction; 12(b)(2) lack of personal jurisdiction; 12(b)(3) improper venue; 12(b)(4) insufficient process; 12(b)(5) insufficient service of process; 12(b)(6) failure to state a claim; 12(b)(7) failure to join a required party.

18. What is a Rule 12(b)(6) motion?

    A motion to dismiss for failure to state a claim upon which relief can be granted; it tests the legal sufficiency of the complaint, assuming the alleged facts are true.

19. How does a motion to dismiss differ from a motion for summary judgment?

    A motion to dismiss tests the legal sufficiency of the pleadings (facts assumed true, no evidence); summary judgment is decided after discovery on evidence (affidavits, depositions) showing no genuine dispute of material fact.

20. What is discovery in civil litigation?

    The pretrial process by which parties obtain evidence and information from each other and from non-parties to prepare for trial and avoid surprise.

21. Name the principal discovery devices under the Federal Rules.

    Interrogatories, requests for production of documents/things, depositions, requests for admission, and physical/mental examinations.

22. What are interrogatories?

    Written questions served on another party that must be answered in writing under oath; under federal rules limited to 25 (including subparts) absent stipulation or court order.

23. What is a deposition?

    The out-of-court oral testimony of a witness given under oath, recorded by a court reporter, used to gather information and preserve testimony for trial.

24. What is a request for admission?

    A written request asking another party to admit or deny the truth of specified facts or the genuineness of documents; matters admitted are conclusively established for the case.

25. What is a request for production of documents?

    A discovery request requiring a party to produce and allow inspection/copying of designated documents, electronically stored information, or tangible things within their possession, custody, or control.

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