Question 1

If a motion is served by mail, electronically, or by fax, ________ days must be added to the 14-day notice requirement.

Accepted Answer

three

Question 2

A motion requesting that judgment be entered because no true factual disputes exist is known as a motion for a(n) ________.

Accepted Answer

summary judgment

Question 3

Which of the following is generally required for a motion?

Accepted Answer

A)  Notice of hearing on the motion 
B)  Affidavit or declaration in support of the motion 
C)  Memorandum of points and authorities 
D)  All of these choices. 
A)  Notice of hearing on the motion 
B)  Affidavit or declaration in support of the motion 
C)  Memorandum of points and authorities 
D)  All of these choices. D

Question 4

An affidavit in support of a motion is always made by the moving party or the attorney for the moving party.

Accepted Answer

A) True 
 B)False

Question 5

The party making a motion is known as the ________.

Accepted Answer

A)  plaintiff 
B)  defendant 
C)  moving party 
D)  responding party 
A)  plaintiff 
B)  defendant 
C)  moving party 
D)  responding party

Question 6

Meyers sues Salazar for breach of contract, the action being filed in federal court. Salazar was served with a copy of the summons and complaint on March 1 and immediately took the documents to an attorney. The attorney gave the documents to a paralegal working in the firm with directions to prepare and file a responsive pleading. The paralegal was extremely busy and calendared the case to be sure that an answer was filed in a timely manner. Unfortunately, the paralegal entered the notation on the May calendar rather than the March calendar. As a result, no answer was filed within the appropriate time limit, and the plaintiff entered Salazar's default.
-If Salazar's attorney makes a motion to set aside the default, the moving papers should be personally served on Meyers.

Accepted Answer

A) True 
 B)False

Question 7

Meyers sues Salazar for breach of contract, the action being filed in federal court. Salazar was served with a copy of the summons and complaint on March 1 and immediately took the documents to an attorney. The attorney gave the documents to a paralegal working in the firm with directions to prepare and file a responsive pleading. The paralegal was extremely busy and calendared the case to be sure that an answer was filed in a timely manner. Unfortunately, the paralegal entered the notation on the May calendar rather than the March calendar. As a result, no answer was filed within the appropriate time limit, and the plaintiff entered Salazar's default.
-Salazar's attorney should immediately contact Meyers's attorneys to see if they would stipulate to set aside the default.

Accepted Answer

A) True 
 B)False

Question 8

Motions made at the beginning of a trial, outside the hearing of the jury, usually addressing evidentiary issues are known as ________ motions.

Accepted Answer

The answer of Motions made at the beginning of a...

Question 9

A declaration is a statement under penalty of perjury, not sworn to before a notary.

Accepted Answer

A) True 
 B)False

Question 10

An affidavit ________.

Accepted Answer

A)  is a statement under penalty of perjury, sworn to before a notary or other person authorized to administer an oath 
B)  describes the factual basis for making a motion 
C)  describes the factual basis for opposing a motion 
D)  All of these choices. 
A)  is a statement under penalty of perjury, sworn to before a notary or other person authorized to administer an oath 
B)  describes the factual basis for making a motion 
C)  describes the factual basis for opposing a motion 
D)  All of these choices.

Question 11

A motion in which the moving party asks the judge to set aside a jury's decision and enter a different decision is known as a ________.

Accepted Answer

A)  motion for new trial 
B)  motion for judgment notwithstanding the verdict 
C)  motion for directed verdict 
D)  motion in limine 
A)  motion for new trial 
B)  motion for judgment notwithstanding the verdict 
C)  motion for directed verdict 
D)  motion in limine

Question 12

All motions in federal court are specifically described by the Federal Rules of Civil Procedure.

Accepted Answer

A) True 
 B)False

Question 13

Motions are usually made ________.

Accepted Answer

A)  during the pretrial stage of litigation 
B)  during the trial 
C)  after the trial 
D)  All of these choices. 
A)  during the pretrial stage of litigation 
B)  during the trial 
C)  after the trial 
D)  All of these choices.

Question 14

Meyers sues Salazar for breach of contract, the action being filed in federal court. Salazar was served with a copy of the summons and complaint on March 1 and immediately took the documents to an attorney. The attorney gave the documents to a paralegal working in the firm with directions to prepare and file a responsive pleading. The paralegal was extremely busy and calendared the case to be sure that an answer was filed in a timely manner. Unfortunately, the paralegal entered the notation on the May calendar rather than the March calendar. As a result, no answer was filed within the appropriate time limit, and the plaintiff entered Salazar's default.
-If this action is filed in federal court, Salazar's attorney has 21 days from the date default was entered in which to file a motion to set aside the default.

Accepted Answer

A) True 
 B)False

Question 15

Sanctions imposed for making a frivolous motion usually take the form of an award of attorney fees.

Accepted Answer

A) True 
 B)False

Question 16

Service of moving papers in support of a motion is evidenced by a certificate of mailing.

Accepted Answer

A) True 
 B)False

Question 17

Meyers sues Salazar for breach of contract, the action being filed in federal court. Salazar was served with a copy of the summons and complaint on March 1 and immediately took the documents to an attorney. The attorney gave the documents to a paralegal working in the firm with directions to prepare and file a responsive pleading. The paralegal was extremely busy and calendared the case to be sure that an answer was filed in a timely manner. Unfortunately, the paralegal entered the notation on the May calendar rather than the March calendar. As a result, no answer was filed within the appropriate time limit, and the plaintiff entered Salazar's default.
-If Salazar's attorney makes a motion to set aside the default, the best person to prepare and sign an affidavit in support of this motion would be Salazar.

Accepted Answer

A) True 
 B)False

Question 18

The document entitled "motion" ________.

Accepted Answer

A)  notifies the opposing party of the time and place of the hearing on the motion 
B)  describes the nature of the motion, the grounds for the motion, and the relief requested 
C)  describes the factual basis for the motion 
D)  describes the legal basis for the motion 
A)  notifies the opposing party of the time and place of the hearing on the motion 
B)  describes the nature of the motion, the grounds for the motion, and the relief requested 
C)  describes the factual basis for the motion 
D)  describes the legal basis for the motion

Question 19

The research for a memorandum of points and authorities is sometimes done by a paralegal.

Accepted Answer

A) True 
 B)False

Question 20

A document setting forth a legal argument in support of or in opposition to a motion is called a(n) ________.

Accepted Answer

memorandum

If a motion is served by mail, electronically, or by fax, ________ days must be added to the 14-day notice requirement.

A motion requesting that judgment be entered because no true factual disputes exist is known as a motion for a(n) ________.

Which of the following is generally required for a motion?

An affidavit in support of a motion is always made by the moving party or the attorney for the moving party.

The party making a motion is known as the ________.

Motions made at the beginning of a trial, outside the hearing of the jury, usually addressing evidentiary issues are known as ________ motions.

A declaration is a statement under penalty of perjury, not sworn to before a notary.

An affidavit ________.

A motion in which the moving party asks the judge to set aside a jury's decision and enter a different decision is known as a ________.

All motions in federal court are specifically described by the Federal Rules of Civil Procedure.

Motions are usually made ________.

Sanctions imposed for making a frivolous motion usually take the form of an award of attorney fees.

Service of moving papers in support of a motion is evidenced by a certificate of mailing.

The document entitled "motion" ________.

The research for a memorandum of points and authorities is sometimes done by a paralegal.

A document setting forth a legal argument in support of or in opposition to a motion is called a(n) ________.

Litigation and the Paralegal

The Courts and Jurisdiction

Preliminary Considerations and Procedures

Investigation and Evidence

The Complaint

Responses to the Complaint

Overview of the Discovery Process

Depositions

Interrogatories

Physical and Mental Examinations

Request for Documents

Request for Admission

Settlements, Dismissals, and Alternative Dispute Resolution

Trial Techniques

Posttrial Practice

Filters

Exam 7: Motion Practice

If a motion is served by mail, electronically, or by fax, ________ days must be added to the 14-day notice requirement.

A motion requesting that judgment be entered because no true factual disputes exist is known as a motion for a(n) ________.

Which of the following is generally required for a motion?

An affidavit in support of a motion is always made by the moving party or the attorney for the moving party.

The party making a motion is known as the ________.

Motions made at the beginning of a trial, outside the hearing of the jury, usually addressing evidentiary issues are known as ________ motions.

A declaration is a statement under penalty of perjury, not sworn to before a notary.

An affidavit ________.

A motion in which the moving party asks the judge to set aside a jury's decision and enter a different decision is known as a ________.

All motions in federal court are specifically described by the Federal Rules of Civil Procedure.

Motions are usually made ________.

Sanctions imposed for making a frivolous motion usually take the form of an award of attorney fees.

Service of moving papers in support of a motion is evidenced by a certificate of mailing.

The document entitled "motion" ________.

The research for a memorandum of points and authorities is sometimes done by a paralegal.

A document setting forth a legal argument in support of or in opposition to a motion is called a(n) ________.

Litigation and the Paralegal

The Courts and Jurisdiction

Preliminary Considerations and Procedures

Investigation and Evidence

The Complaint

Responses to the Complaint

Overview of the Discovery Process

Depositions

Interrogatories

Physical and Mental Examinations

Request for Documents

Request for Admission

Settlements, Dismissals, and Alternative Dispute Resolution

Trial Techniques

Posttrial Practice

Filters