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Name: Class: Date:
9. Case management software allows attorneys to organize and summarize extensive discovery.
a. True
b. False
ANSWER: True
10. Litigation paralegals often rely on form books and forms files.
a. True
b. False
ANSWER: True
Woo buys a new automobile. While driving the car home from the dealership, the brakes fail, and the car crashes. Woo is
seriously injured. He retains the law firm of Kraft and Molina, and they file a lawsuit claiming damages for these injuries.
Brady works as a paralegal in that law firm.
11. In the lawsuit, Kraft and Molina are the plaintiffs.
a. True
b. False
ANSWER: False
13. Brady is allowed to prepare a draft of the complaint to be filed in the action.
a. True
b. False
ANSWER: True
14. Before filing a lawsuit, the parties are required to arbitrate their dispute.
a. True
b. False
ANSWER: False
Multiple Choice
16. Which of the following could not be resolved through civil litigation?
Copyright Cengage Learning. Powered by Cognero. Page 2
Name: Class: Date:
17. Laws containing the methods used to enforce our rights or to obtain redress for the violation of our rights are known as
________ laws.
a. substantive b. procedural
c. civil d. criminal
ANSWER: b
18. The process of civil litigation formally begins when one party files a(n) ________.
a. complaint b. answer
c. motion d. writ
ANSWER: a
19. A pleading filed by a defendant denying that the plaintiff is entitled to any relief is known as the ________.
a. petition b. answer
c. complaint d. summons
ANSWER: b
22. Law books that contain the actual law itself are referred to as ________.
a. form books b. primary sources
c. secondary sources d. legal encyclopedias
ANSWER: b
Completion
26. Unless a case is settled, litigation results in a(n) ________, where parties present their evidence to a judge or jury.
ANSWER: trial
27. Laws that deal with private disputes between parties are known as ________ laws.
ANSWER: civil
28. Litigation formally begins when a plaintiff files in court a written document known as a(n) ________.
ANSWER: complaint
29. If a defendant ignores a complaint and files no responsive papers, the defendant ________.
ANSWER: defaults
30. A defendant often challenges the factual allegations of a complaint with a(n) ________.
ANSWER: answer
31. After the parties have filed appropriate documents, litigation proceeds with ________, a part of the case where the
parties try to find out as much as they can about the other side’s case.
ANSWER: discovery
32. The phrase ________ applies to the many procedures used by parties in an attempt to avoid litigation.
ANSWER: alternative dispute resolution
33. A law that creates, defines, or explains an individual’s rights is known as ________.
ANSWER: substantive law
34. A secondary source that is heavily relied upon by litigation attorneys and paralegals in drafting documents is the
________.
ANSWER: form book
CHAPTER III.
In Peril.
Hamil's first impulse was to toss off the liquor for which
he had paid, before leaving the bar, but he changed his
intention, put down the untasted glass, and followed his
sister out of the place. The soldier was annoyed that
Miriam, even for one minute, should have been seen within
those doors.
CHAPTER IV.
The Struggle.
"I KNOW all that you will say, Miriam," began Hamil,
who was the first to break silence, looking down gloomily at
the dusty grass before him. "You don't suppose that I've not
often thought of my promise, and tried to keep it too. I had
not so much as entered a public since I received your letter,
till a few days ago, and then two of my comrades, jovial
fellows, laughed me out of my resolutions, and got me to
stand treat."
"I'll not deny it, I took more than was good for me, and
I was near getting into a scrape at the time. But the worst
of it is," continued Hamil more rapidly, kicking up the dust
with the heel of his boot, "the worst of it is, that now the
thirst and the longing is awakened again, and it seems as if
I could not resist them! I do not want to disgrace myself,
nor to vex you, Miriam, but I hardly am my own master in
this. No one knows, but those who have felt it, the
difficulties which beset a man who would get rid of a taste
for spirits."
* 2 Tim. ii. 3.
"A great deal too well," interrupted Hamil; "he has not
only attacked, but has got the better of me at last."
* James iv. 7.
* 1 Cor. x. 13.
† 2 Tim. iv. 7, 8.
"I'm afraid that you'll not think me very good when you
hear all my story," said Miriam.
And she and her brother arose from their seat and
recommenced walking, as they went on with their
conversation.
"So the box was brought down from the attic, and
mistress opened—I cannot say that she searched it. One of
the first things on which her eye fell was your gift; you
remember my beautiful paper cutter, made in the shape of
a dagger?"
"She owned that she had done so," said Miriam; "they
are really a good deal alike."
"By your own account, the knife was lost, had been
searched for in vain; suspicion must have lain on Caroline
herself; she naturally was only too glad to turn it on
another, and you yourself own that the paper cutter was like
your own, which she had chanced to see in your box. And
you must take another thing into account, dear Miriam.
Caroline has not been able to live for months with you,
without finding out that your ideas of duty are very much
higher than hers. She must begin to suspect that if you are
right, she must be wrong, and such suspicion is very
unpleasant. The life of every consistent Christian is a rebuke
to a godless world. I believe that this is the chief reason
why the world is so ready to hate him, so eager to pick
holes in his conduct. I daresay that it was a comfort to
Caroline to think that you were no better than herself."
"But she can, and, I fear, does think you violent and
passionate," observed the soldier. "Caroline knows that,
though you keep your hands from picking and stealing, you
certainly do not keep your tongue from evil-speaking."
She was silent for a minute, and then said, "You, who
are so calm and good-tempered yourself that nothing ever
ruffles you, cannot understand the difficulty of keeping
down a quick, hot temper like mine."
"I don't see what you would have me do," said Miriam,
looking distressed.
"I should not like to do that, and yet—if it were not for
Caroline," began Miriam, in a hesitating tone.
"After all that has passed between us, I could not speak
to Caroline!" cried Miriam.
"There are some things too hard for flesh and blood!"
exclaimed Miriam.
CHAPTER VI.
Victory.