Registered Paralegal (PACE / RP) Litigation Procedure and Practice Flashcards

24 sample cards from the Litigation Procedure and Practice deck

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

1. What are the proportionality factors under FRCP 26(b)(1)?

   The importance of the issues, the amount in controversy, the parties' relative access to information, the parties' resources, the importance of discovery to the issues, and whether the burden outweighs the likely benefit.

2. What is the attorney work-product doctrine?

   Protection from discovery for materials prepared in anticipation of litigation; they are discoverable only on a showing of substantial need and inability to obtain the equivalent without undue hardship (mental impressions get heightened protection).

3. What are interrogatories and what is the federal numerical limit?

   Written questions served on another party that must be answered in writing under oath. Under FRCP 33, a party is limited to 25 interrogatories (including subparts) without leave of court.

4. What is a request for production of documents?

   A FRCP 34 discovery device requesting another party to produce documents, electronically stored information, or tangible things, or to permit inspection of property.

5. What is a request for admission and its strategic purpose?

   A FRCP 36 request asking a party to admit or deny the truth of stated facts or the genuineness of documents; matters admitted are conclusively established, narrowing issues for trial.

6. What happens if a party fails to respond to a request for admission within 30 days?

   The matter is deemed admitted under FRCP 36(a)(3).

7. What is a deposition?

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

8. Under the FRCP, how many depositions and how long may each last by default?

   Each side is limited to 10 depositions, and each deposition is limited to one day of 7 hours, absent stipulation or court order (FRCP 30).

9. What is the difference between a deposition on oral examination and a subpoena duces tecum?

   An oral deposition takes live sworn testimony; a subpoena duces tecum commands a witness (often a nonparty) to appear and bring specified documents or things.

10. What is e-discovery (electronically stored information)?

    The discovery of electronically stored information (ESI) such as emails, texts, databases, and metadata, governed by FRCP 26 and 34.

11. What is a litigation hold?

    A directive to preserve all potentially relevant documents and ESI once litigation is reasonably anticipated, to prevent spoliation.

12. What does FRCP 37(e) provide regarding lost ESI?

    If ESI that should have been preserved is lost because a party failed to take reasonable steps and cannot be restored, the court may impose curative measures; if the loss was intentional (intent to deprive), it may presume the information was unfavorable, instruct the jury so, or dismiss/enter default.

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

    Before filing most discovery motions, parties must confer in good faith to try to resolve the dispute without court intervention (FRCP 37(a)(1)).

14. What is a motion to compel?

    A FRCP 37(a) motion asking the court to order a party to provide discovery responses or attend a deposition after they failed to comply.

15. What sanctions may a court impose for discovery abuse under FRCP 37?

    Orders deeming facts established, prohibiting evidence, striking pleadings, staying proceedings, dismissal, default judgment, contempt, and payment of reasonable expenses including attorney's fees.

16. What is a motion for summary judgment and the standard for granting it?

    A FRCP 56 dispositive motion granted when there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law.

17. What is the difference between a dispositive motion and a non-dispositive motion?

    A dispositive motion can end the case or a claim (e.g., motion to dismiss, summary judgment); a non-dispositive motion addresses procedural matters without ending the case (e.g., motion to compel, motion for extension).

18. What is a motion in limine?

    A pretrial motion asking the court to admit or, more often, exclude certain evidence before it is offered at trial, to avoid prejudice before the jury.

19. What is the purpose of a pretrial conference and the final pretrial order?

    To narrow issues, schedule deadlines, encourage settlement, and manage the case (FRCP 16); the final pretrial order controls the course of trial and supersedes the pleadings.

20. What are common trial preparation tasks a paralegal performs?

    Preparing trial notebooks, exhibit and witness lists, subpoenaing witnesses, organizing exhibits, preparing demonstrative aids, coordinating witnesses, and assembling jury instructions.

21. What is the order of a typical civil jury trial?

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

22. What is a motion for judgment as a matter of law (directed verdict)?

    A FRCP 50(a) motion made during trial arguing that no reasonable jury could find for the opposing party on an issue; if denied, it can be renewed post-verdict under Rule 50(b).

23. What is the deadline to file a notice of appeal in a federal civil case?

    Generally within 30 days after entry of judgment (60 days if the United States is a party), under FRAP 4.

24. What is the difference between mediation and arbitration?

    Mediation uses a neutral third party to facilitate a voluntary settlement (non-binding, parties decide); arbitration uses a neutral arbitrator who hears evidence and renders a decision that is usually binding.

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