QUIZ 2

Fact gathering should only be done by formal means after litigation begins.

1. True
2. False

CCP §128.7 provides that by presenting any pleading to the court, the attorney is certifying that the pleading is not improper or filed for a frivolous purpose after a reasonable inquiry under the circumstances.

1. True
2. False

A cause of action is a theory of recovery that entitles the plaintiff to recover against the defendant.

1. True
2. False

An affirmative defense is relief requested by the defendant which, if proven, entitles the defendant to recover something from the plaintiff.

1. True
2. False

One of the basic sources for informal investigation is the client.

1. True
2. False

When you first speak with a client you should identify yourself as a paralegal.

1. True
2. False

When interviewing a client you should never inquire about the client’s financial background.

1. True
2. False

Statutes of limitation limit the time period in which an action may be brought against a defendant.

1. True
2. False

A subpoena is a written court order compelling a third party to produce evidence

1. True
2. False

Witnesses may be interviewed only after a lawsuit is filed and may never be interviewed during informal fact investigation.

1. True
2. False

Potential sources for locating witnesses include the client, telephone directories, voter registration lists, and license bureaus.

1. True
2. False

One of the purposes of witness interview is to learn everything the witness knows or does not know that is relevant to a case.

1. True
2. False

It is never a good idea to try to pin a witness down to a particular fact during a witness interview.

1. True
2. False

Since some witnesses may be uncooperative, do not try to record the interview, but wait until after the interview to write down your thoughts and comments about the interview.

1. True
2. False

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In some cases, it is a good idea to have the client’s file reviewed by an appropriate expert.

1. True
2. False