Question 1

At the time of filing an action, paralegals should know ​

Accepted Answer

A)   ​ the type of service to be used and who needs to be served.
B)   ​ all addresses for the defendant.
C)   ​ all the newspapers needed for publication.
D)   ​ what evidence will be presented at trial. A

Question 2

What does the clerk of court do in filing a case?

Accepted Answer

Dates original complaint; assigns a civil case number; possibly assigns judge; issues summons; checks summons and civil cover sheet.

Question 3

Ask the clerk of court what documents are needed for filing a lawsuit in a state court.

Accepted Answer

A) True 
 B)False  True

Question 4

A good Web site for court rules and forms is ​

Accepted Answer

A)   ​ www.usrules.gov.
B)   ​ www.uscourts.gov.
C)   ​ www.courtrules.com.
D)   ​ www.frcp.com.

Question 5

The summons

Accepted Answer

A)   gives the court personal jurisdiction over the defendant. ​
B)   ​ officially starts the action in federal court.
C)   ​ provides the defendant with notice of the lawsuit so a defense can be prepared.
D)   ​ is not required in some states.

Question 6

Constructive service is most often used in in rem actions.

Accepted Answer

A) True 
 B)False

Question 7

What cautions should be observed in locating defendants?

Accepted Answer

The answer of What cautions should be observed in locating...

Question 8

You always have the option of filing documents the traditional way with paper rather than e-filing.

Accepted Answer

A) True 
 B)False

Question 9

What documents are needed to properly prepare a civil case for filing in your state?

Accepted Answer

The answer of What documents are needed to properly prepare...

Question 10

What is the difference between the entry of default and the entry of default judgment?

Accepted Answer

The answer of What is the difference between the entry...

Question 11

Good cause to set aside a default judgment does not include

Accepted Answer

A)   ​ illness of defendant's attorney.
B)   ​ that the judgment has been satisfied.
C)   ​ that the amount of damages requested is unfair.
D)   ​ misconduct of adverse party.

Question 12

If a hearing is to be held on an application for entry of a default judgment, notice of the hearing must be given to the adverse party _____ before the hearing. ​

Accepted Answer

A)   ​ 5 days
B)   ​ 3 days
C)   ​ 10 days
D)   ​ 1 day

Question 13

The Freedom of Information Act can help you obtain a defendant's forwarding address from the Post Office.

Accepted Answer

A) True 
 B)False

Question 14

A defendant who returns waiver of service waives defenses and objections to the complaint.

Accepted Answer

A) True 
 B)False

Question 15

A party that is a nongovernmental corporation must disclose in its first action in the case ​

Accepted Answer

A)   ​ its tax records for the past five years.
B)   ​ any previous involvement in legal actions.
C)   ​ all states where it does business.
D)   ​ any parent corporation.

Question 16

Except when the federal waiver of service is used, at the start of a civil lawsuit the defendant must be served with the ​

Accepted Answer

A)   ​ summons and warrant for arrest.
B)   ​ affidavit of service and acknowledgement.
C)   ​ summons and complaint.
D)   ​ complaint and proof of service.

Question 17

Service of process can be effected on a ​

Accepted Answer

A)   ​ resident of the county in which the court has jurisdiction.
B)   ​ defendant brought into the state by force.
C)   ​ witness attending a trial.
D)   ​ defendant fraudulently served process.

Question 18

Compare in rem and quasi in rem actions.

Accepted Answer

The answer of Compare in rem and quasi in rem...

Question 19

Documents to file a lawsuit must be delivered to the clerk of court in person.

Accepted Answer

A) True 
 B)False

Question 20

The filing fee for a civil action in federal court is ​

Accepted Answer

A)   $120.00. ​
B)   ​ $25.00.
C)   ​ $150.00.
D)   ​ $80.00.

Exam 5: Filing the Lawsuit, Service of Process, and Obtaining a Default Judgment

At the time of filing an action, paralegals should know ​

What does the clerk of court do in filing a case?

Ask the clerk of court what documents are needed for filing a lawsuit in a state court.

A good Web site for court rules and forms is ​

The summons

Constructive service is most often used in in rem actions.

What cautions should be observed in locating defendants?

You always have the option of filing documents the traditional way with paper rather than e-filing.

What documents are needed to properly prepare a civil case for filing in your state?

What is the difference between the entry of default and the entry of default judgment?

Good cause to set aside a default judgment does not include

If a hearing is to be held on an application for entry of a default judgment, notice of the hearing must be given to the adverse party _____ before the hearing. ​

The Freedom of Information Act can help you obtain a defendant's forwarding address from the Post Office.

A defendant who returns waiver of service waives defenses and objections to the complaint.

A party that is a nongovernmental corporation must disclose in its first action in the case ​

Except when the federal waiver of service is used, at the start of a civil lawsuit the defendant must be served with the ​

Service of process can be effected on a ​

Compare in rem and quasi in rem actions.

Documents to file a lawsuit must be delivered to the clerk of court in person.

The filing fee for a civil action in federal court is ​

At the time of filing an action, paralegals should know

A good Web site for court rules and forms is

If a hearing is to be held on an application for entry of a default judgment, notice of the hearing must be given to the adverse party _____ before the hearing.

A party that is a nongovernmental corporation must disclose in its first action in the case

Except when the federal waiver of service is used, at the start of a civil lawsuit the defendant must be served with the

Service of process can be effected on a

The filing fee for a civil action in federal court is