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

24 sample cards from the Civil Litigation and Procedure deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. What is the proportionality standard in discovery?

   Discovery must be proportional to the needs of the case, considering the importance of the issues, amount in controversy, parties' access to information, resources, importance of the discovery, and whether the burden/expense outweighs the likely benefit.

2. What is the attorney-client privilege as a limit on discovery?

   A protection making confidential communications between a client and attorney made for the purpose of obtaining legal advice immune from compelled disclosure.

3. What is the work-product doctrine?

   A protection shielding documents and materials prepared by or for a party or attorney in anticipation of litigation; ordinary work product is discoverable only on a showing of substantial need, while opinion work product (attorney mental impressions) gets near-absolute protection.

4. What is a privilege log?

   A document listing items withheld from discovery on grounds of privilege or protection, describing each item enough to let the requesting party assess the claim without revealing the privileged content.

5. What is electronic discovery (e-discovery)?

   The discovery of electronically stored information (ESI) such as emails, texts, databases, social media, and metadata, governed by the Federal Rules' provisions on ESI.

6. What is metadata in the context of e-discovery?

   Data about data—embedded information describing an electronic file, such as author, creation/modification dates, edit history, and file properties—which can itself be discoverable.

7. What is a litigation hold (legal hold)?

   A directive issued when litigation is reasonably anticipated requiring preservation of all potentially relevant documents and ESI, suspending routine deletion/destruction policies.

8. Under Rule 37(e), what is spoliation of ESI and its consequence?

   Spoliation is the failure to preserve ESI that should have been preserved; if lost due to failure to take reasonable steps and it can't be restored, the court may order curative measures, and if done with intent to deprive, may presume the information was unfavorable, instruct an adverse inference, or dismiss/enter default.

9. What is a meet and confer requirement in discovery disputes?

   A rule requiring the parties to confer in good faith to try to resolve a discovery dispute themselves before filing a motion to compel or for a protective order with the court.

10. What is a motion to compel?

    A motion asking the court to order an opposing party to provide discovery responses or attend a deposition when they have failed or refused to do so.

11. What is a protective order in discovery?

    A court order limiting or conditioning discovery to protect a party or person from annoyance, embarrassment, oppression, or undue burden/expense, or to safeguard confidential information.

12. What sanctions can a court impose for discovery abuse under Rule 37?

    Ordering compliance, awarding attorney's fees/costs, deeming facts established, prohibiting introduction of evidence, striking pleadings, staying proceedings, entering default or dismissal, and contempt.

13. What is a motion for summary judgment?

    A pretrial motion under Rule 56 asking the court to decide the case (or an issue) in the movant's favor because there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

14. What is a motion in limine?

    A pretrial motion asking the court to admit or, more commonly, exclude certain evidence at trial before it is offered, to prevent the jury from hearing prejudicial or inadmissible matter.

15. What is a pretrial conference and its purpose?

    A meeting between the judge and the parties' attorneys to manage the case—narrowing issues, encouraging settlement, scheduling, and addressing evidentiary/procedural matters—culminating in a pretrial order that controls the trial.

16. What is the typical order of the trial process?

    Jury selection (voir dire), opening statements, plaintiff's case-in-chief, defendant's case, rebuttal, closing arguments, jury instructions, jury deliberation, and verdict.

17. What is voir dire?

    The jury selection process in which prospective jurors are questioned to identify bias; jurors may be removed by challenges for cause (unlimited, requires a reason) or peremptory challenges (limited number, no reason needed, but not for discriminatory purposes).

18. What is a directed verdict / judgment as a matter of law (Rule 50(a))?

    A motion made during trial (after the opposing party has been fully heard) asking the court to rule that no reasonable jury could find for the opposing party, taking the issue from the jury.

19. What is the difference between a general verdict and a special verdict?

    A general verdict states only the prevailing party and any damages; a special verdict requires the jury to answer specific factual questions, from which the court applies the law to reach judgment.

20. What is a judgment notwithstanding the verdict (JNOV / renewed JMOL under Rule 50(b))?

    A post-verdict motion asking the court to enter judgment contrary to the jury's verdict because no reasonable jury could have reached that verdict on the evidence.

21. What is a motion for a new trial under Rule 59, and name two grounds?

    A post-trial motion asking the court to set aside the verdict and hold a new trial; grounds include legal errors at trial, jury misconduct, verdict against the weight of the evidence, excessive/inadequate damages, or newly discovered evidence.

22. What is the difference between a trial-court appellant and appellee, and what does an appellate court review?

    The appellant (petitioner) is the party appealing; the appellee (respondent) defends the judgment. The appellate court reviews the record for legal error—it does not retry facts or hear new evidence—and may affirm, reverse, modify, or remand.

23. How is a money judgment enforced through a writ of execution and garnishment?

    A writ of execution authorizes the sheriff to seize and sell the judgment debtor's nonexempt property to satisfy the judgment; garnishment orders a third party (e.g., employer or bank) holding the debtor's wages or funds to pay them toward the judgment.

24. Compare mediation, arbitration, and negotiation as ADR methods.

    Negotiation: parties bargain directly with no third party. Mediation: a neutral facilitator helps parties reach their own voluntary, nonbinding agreement. Arbitration: a neutral arbitrator hears evidence and renders a decision (the award) that is usually final and binding and only narrowly reviewable by courts.

What this deck covers

Civil Litigation and Procedure flashcards FAQ