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UHLJLULHJH uuunuuvu- PART 1 MULTIPLE CHOICE Please circle the BEST answer 1. Motions for Summary I udgment!' Summary Adjudication must: a. Be served at least
UHLJLULHJH uuunuuvu- PART 1 MULTIPLE CHOICE Please circle the BEST answer 1. Motions for Summary I udgment!' Summary Adjudication must: a. Be served at least 75 days in advance of the hearing b. Be heard at least 30 days before trial c. a. & b. d. None of the above 2. Memoranda of Points and Authorities: a. Describe in depth what the motion is seeking b. Cite legal authority (statutes andfor case law) which authorizes the court to grant the relief sought c. May not exceed 15 pages without leave of court d. Can be any length and there is no need to seek leave of court Saved to this pic :ceed 10 pages, must have a table of authorities and table of CUHLCDLS f. a., b., c., & d g. a., b., c & e. 3. Motions to Compel Further Discovery Responses must: a. Be made within 40 days after the responses were served or the right to compel is waived. b. Be made within 45 days after the responses were served or the right to compel is waived c. Be made within 30 days after the responses were served or the right to compel is waived d. Be made within 15 days after the responses were served or the right to compel is waived e. None of the above. 4. When meeting with a client to conduct the initial interview, the paralegal MUST a. Identify themselves as a paralegal b. Explain that they are not allowed to give legal advice c. Explain that the attorney client privilege does attach d. a & b e. a, b & c f. none of the above 5. Pursuant to the Discovery Act, discovery is dened as: a. b. d. communication with the attorney for the purpose of seeking legal advice any matter, not privileged that is relevant to the subject matter of the action or a motion made in the action that is admissible AND reasonably calculated to lead to the discovery of admissible evidence any matter, not privileged that is relevant to the subject matter of the action or a motion made in the action that is admissible OR reasonably calculated to lead to the discovery of admissible evidence none of the above 6. The following are formal discovery tools: 7. In an unlimited civil case, a party is limited to a. b. C. d. e Depositions, private investigator interviews with witnesses Fonn Interrogatories, Special Interrogatories, recorded statements taken by a private investigator Form Interrogatories, Special Interrogatories, Depositions, Request for Admissions a & b a & c i. a, b & c g. None of the above special interrogatories without a Declaration for Additional Discovery a. 25 b. 35 c. 20 d. e. None of the above 15 8. In a LvIITED civil case: a. The parties may serve an unlimited amount of special interrogatories as long as they serve a Declaration for Additional Discovery. b. no party can propound more than a total of 35 of any combination of interrogatories (special or form}, requests for admission, and requests to produce without a court order or stipulation. c. None of the above 9. The \"discovery cut-offdate" is a. b. F\" the 30th day prior to the initial trial date for non-experts and the 15\"1 day prior to the initial trial date for experts. The 15\":1 day prior to the initial trial date for non-experts and the 30th day prior to the initial trial date for experts. c. the 30th day prior to the trial date for all discovery (1. the 15th day prior to the trial date for all discovery none of the above 10. Some of the advantages to Requests for Admissions are: ngoqp They are inexpensive to prepare, conclusive and binding They help determine what facts the opponent will concede or contest at trial You can use an unlimited number of RFA's a. & b. None of the above a., b & c. 11. Some of the disadvantages to Requests for Admissions are: a. b. F\" They are limited to 35 The responding party might try to use their response as a stalling tactic resulting in an expensive and inefcient motion to compel They are made under oath and as such may be used by one party against another a. & b. a, b. & c. None of the above 12. The purposes of the Discovery Plan are to: wnporp Insure that the elements of the cause of action are either met or disproved. Identify facts and theories of the opposition. Learn attitudes, opinions, and views of the opposition Prepare a blue print of the case andfor the defenses of the case All of the above None of the above 13. Examples of dispositive motions are: a. b. Motion to Compel Discovery Responses & Motion in Limine Motion for Summary Judgment, Motion for Summary Adjudication, Motion for Judgment on the Pleadings c. Motion for protective order (1. e. All of the above None of the above. 14. A protective order may be led: a. or: to ask the court to limit the scope of discovery on the grounds that the burden, expense, or intrusiveness outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. to ask the court to allow you to re-draft your discovery responses a & b. None of the above 15. Examples of discovery requests which might give rise to the need to le a motion for protective order are: a. requests which are too broad b. requests which are unreasonably cumulative c. requests which cause unwarranted annoyance, embarrassment, oppression or undue burden and expense (1. a, b & c. e. None of the above. 16. Natural persons must be deposed: a. Within 50 miles of their residence and within the county where the action was led b. Within 75 miles of their residence OR in the county where the action was led and within 150 miles of their residence. c. Anywhere where the case is venued. (1. None of the above. 17. Corporations must be deposed: a. Within 50 miles of their principal ofce and within the county where the action was led b. Within 150 miles of their designated ofces c. Within 75 miles of their principal ofce OR within 150 miles of their designated ofces. (1. Anywhere where the case is venued. e. None of the above 18. Under the rules regarding depositions, absent certain exceptions, a deposition must be completed within: a. One day b. 12 hours c. 5 hours (1. 7 hours e. None of the above f. 19. Pursuant to CCP 2034: a. Any party may demand that the parties simultaneously exchange lists of experts. b. A party may compel that interrogatory questions be answered. c. The demand for simultaneous exchange of expert witness lists may be made no later than the 10ttl day after the initial trial date has been set, or 70 days before the initial trial date, whichever date is closer to the trial date. (1. a. & 0. None of the above. 9
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