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Q:
The usual rule in the scope of discovery is that the information sought in discovery is discoverable and an objection is overruled as long as the information __________.
A. will lead to evidence admissible during a trial
B. will be indicative of guilt or innocence of a party in a trial
C. is a clear and convincing evidence of negligence
D. will be important enough to both of the disputing parties during a trial
E. is protected by lawyer-client confidentiality
Q:
In the pretrial phase of litigation, if a party fails to produce relevant, requested evidence, the party seeking the information is most likely to __________.
A. file a request for an admission
B. request for a voir dire examination
C. file a motion to compel discovery
D. file a motion for a summary judgment
E. file a petition for a writ of certiorari
Q:
Terrell files a complaint against Chad for negligence with the court clerk. After Terrell receives an answer from Chad in response to the summons, Terrell believes that he can win based solely on his original complaint and Chads answer. In this case, Terrell is most likely to file a __________.
A. motion for a directed verdict
B. motion to dismiss for failure to state a cause of action
C. motion in limine
D. motion for a summary judgment
E. motion for a judgment on the pleadings
Q:
A police officer pulls over Megan for speeding. Despite being cooperative, non-threatening, and sober, the police officer orders her to get out of the car and frisks her. He finds a small packet of marijuana in her pocket. This search and seizure is illegal. After she is arrested, her attorney wants to suppress the discovery of marijuana in Megans possession as the search by the police officer was illegal. In this case, Megans attorney is most likely to file a __________.
A. motion for a directed verdict
B. motion for a summary judgment
C. motion to dismiss for failure to state a cause of action
D. motion in limine
E. motion for a judgment on the pleadings
Q:
When a party asks a judge to base a decision of a case on the pleadings and affidavits provided there are no material disputed issues of fact, the party is most likely to be filing a motion for _____.
A. summary judgment
B. a judgment on the pleadings
C. judgment as a matter of law
D. a general demurrer
E. directed verdict
Q:
A lawsuit that is totally lacking in merit is said to be _____.
A. consequential
B. peremptory
C. dogmatic
D. cognizable
E. frivolous
Q:
In the context of pleadings, which of the following statements is true?
A. A defendants response cannot contain affirmative defenses.
B. Pleadings are filed to end the litigation.
C. Pleadings can only be filed if a complaint is not filed with a court clerk.
D. A clerk of the court issues the summons to be served to a defendant.
E. A complaint contains allegations by a defendant.
Q:
The summons, delivered to a defendant by a court official, provides the date by which a defendant must __________.
A. respond with a written pleading
B. establish standing to sue
C. request discovery
D. provide garnishment
E. file a peremptory challenge
Q:
If a defendant does not respond to a complaint by the date provided in the summons in any way, the court is most likely to enter an order of _____.
A. judicial restraint
B. stare decisis
C. discovery
D. voir dire
E. default
Q:
_____, a method of discovery, are a series of written questions presented to the opposing parties.
A. Depositions
B. Pleadings
C. Summons
D. Interrogatories
E. Affidavits
Q:
Which of the following statements is true of taking depositions?
A. It is the most expensive method of discovery.
B. It is the least revealing method of discovery.
C. It is the only method of discovery that uses voir dire.
D. It is the only method of discovery that uses res judicata.
E. It is the most common version of interrogatories.
Q:
Olflex Corp. files a complaint against Tenfour Corp., and the parties are in the discovery phase of litigation. A major issue in the dispute is the wording of the original sales contract between the two corporations. In this case, to get Tenfour to present the original sales contract, Olfex is most likely to __________.
A. request for procedural due process
B. request for a trial
C. request for extradition
D. request for an admission
E. request for production of documents
Q:
The typical long-arm statute allows a court to obtain jurisdiction over a defendant even though the process is served beyond its borders if the defendant __________.
A. files a counterclaim against a plaintiff
B. owns property within the state that is the subject matter of the lawsuit
C. has not obtained a writ of certiorari from the state in which he or she currently resides
D. has committed a tort outside the state in which the court obtaining jurisdiction is located
E. qualifies for res judicata
Q:
If a court has original jurisdiction over some claims in a class-action suit, which of the following jurisdictions is the court most likely to exercise over additional claims that are part of the same case including those that do not independently satisfy the amount-in controversy requirement?
A. Supplemental jurisdiction
B. Personal jurisdiction
C. Diversity jurisdiction
D. Subject matter jurisdiction
E. Federal question jurisdiction
Q:
A _____ suit is one in which one or more plaintiffs file suit on their own behalf and on behalf of all other persons who may have a similar claim.
A. quasi-strict
B. class-action
C. small-claims
D. garnishment
E. respondent
Q:
All persons suing a drug company, alleging injuries from a product, constitute __________.
A. the counterplaintiffs in a counterclaim.
B. a class for a tort action.
C. the plaintiffs in a counterclaim.
D. a motion in limine.
E. a motion for summary judgment.
Q:
Which of the following statements is true of criminal suits?
A. Personal jurisdiction over a plaintiff is obtained by an affidavit submitted by the police.
B. A plaintiff has to establish standing to sue for a court to have personal jurisdiction over a case.
C. A defendant may agree to submit to a courts authority even though personal jurisdiction cannot be obtained.
D. A defendant cannot waive any objection to a courts exercise of personal jurisdiction.
E. A court may have jurisdiction over a case even if the crime is not committed within the state of the court that is obtaining jurisdiction.
Q:
Which of the following parties could sue to stop a merger of two companies?
A. Only the chief executive officer of the two companies biggest competitor
B. Any competitor of either of the two companies
C. Any consumer of one of the two companies
D. Any concerned third party
E. Only a shareholder of one of the two companies
Q:
Eli, a resident of New York, wants to sue Tony, a resident of Texas, for trespassing against Elis property in New York. To obtain personal jurisdiction over Tony under a long-arm statute, the New York court must find that __________.
A. Tony has committed some kind of tort in Texas in addition to the tort in New York
B. Tony owns property in Texas that he had bought five years ago
C. the trespassing occurred in New York while Eli was there
D. Tony committed the tort in New York
E. Eli committed a tort in Texas or has property in Texas
Q:
Alan committed a felony in Delaware and returned to Minnesota, where he lives permanently. Alan has a respectable job in Minnesota and is a respected citizen there. When the Delaware police locate Alan, _____.
A. they can arrest Alan in Minnesota and transport him to Delaware because of the felony he committed in Delaware
B. he can be arrested and tried in Minnesota for the Delaware felony
C. they must obtain a standing to sue from the police of Minnesota to be allowed to arrest Alan
D. they must wait until the statute of limitations for the felony runs out
E. they must seek extradition of Alan to have him transported to Delaware
Q:
In a civil lawsuit, personal jurisdiction over a defendant is usually obtained by a notice to appear in court. This delivery of notice is referred to as __________
A. res judicata
B. a discharge
C. service of process
D. ratio decidendi
E. extradition
Q:
The process of requesting and transporting a prisoner from one state to another is called _____.
A. res judicata
B. garnishment
C. execution
D. ratio decidendi
E. extradition
Q:
A defendant may bring in new third parties as third-party defendants if he or she alleges that without the presence of these parties __________.
A. the trial cannot qualify for a judgment notwithstanding the verdict
B. the trial cannot be held in the presence of a jury
C. there cannot be a petition for a writ of certiorari
D. he or she cannot use interrogatories as a discovery method
E. there cannot be a complete determination of a controversy
Q:
For a court to hear a plaintiffs case, the plaintiff must show the court that it has _____.
A. subject matter jurisdiction
B. res ispa loquitur
C. standing to sue
D. garnishment
E. jury instructions
Q:
For a plaintiff to establish that he or she has standing to sue, the plaintiff must allege __________.
A. a lack of subject matter jurisdiction of the court
B. a personal stake in the resolution of the controversy
C. at least $100,000 in damages as a result of the controversy
D. garnishment by the state in which the lawsuit is filed
E. extradition by the police of the state in which he or she resides
Q:
The element of standing to sue that requires a plaintiff to allege a personal stake in the resolution of a controversy prevents the plaintiff from __________.
A. asserting the rights of the general public or of a group of which he or she is not a member
B. taking advantage of discovery procedures in the determination of the controversy in the presence of third-party defendants
C. using peremptory challenges during jury selection
D. petitioning for a writ of certiorari
E. using voir dire during jury selection
Q:
Standing to sue is determined __________.
A. by the filing of a motion in limine
B. at the discovery phase of the litigation
C. by the outcome of the litigation
D. at the outset of the litigation
E. using voir dire during jury selection
Q:
When the result of a case at the trial court level is appealed, the party appealing is usually referred to as the appellee.
Q:
Each state prescribes its own appellate procedure and determines the jurisdiction of its various reviewing courts.
Q:
Res judicata means that a case has been finally decided on appeal.
Q:
The party to a case who files a civil action is called the _____.
A. defendant
B. appellee
C. plaintiff
D. appellant
E. respondent
Q:
When a defendant, upon being served, wants to sue a plaintiff, the defendant becomes a _____.
A. plaintiff
B. counterplaintiff
C. counterdefendant
D. appellant
E. appellee
Q:
When a defendant who has been served wants to sue a plaintiff, the plaintiff becomes a _____.
A. defendant
B. counterplaintiff
C. counterdefendant
D. appellant
E. appellee
Q:
The verdict is always the final decision of a case entered by a judge.
Q:
In a federal court, the party who is dissatisfied with a jurys verdict is limited to filing a posttrial motion with the judge seeking a judgment notwithstanding the verdict.
Q:
The party who receives the adverse judgment in a trial may file a motion for a new trial.
Q:
Following the closing arguments in a case, a judge acquaints a jury with the law applicable to the case.
Q:
In civil cases, the clear and convincing proof standard is used more frequently.
Q:
The process of voir dire examination continues until all of the peremptory challenges are exhausted and a full jury panel is selected.
Q:
A jury should treat anything said in an opening statement by an attorney as evidence when deciding the verdict of a trial.
Q:
Evidence in the form of a sworn statement is called a summons.
Q:
Rule 50 of the Federal Rules of Civil Procedure authorizes the imposition of fines for filing frivolous papers.
Q:
It is fairly common for both a plaintiff and defendant to attach a series of interrogatories to their respective pleadings.
Q:
In jury selections, challenges for cause are also called peremptory challenges.
Q:
If one of the potential jurors is the brother of a defendant, the only way for a plaintiff to get the brother off of the jury panel is by using a peremptory challenge.
Q:
Only a defendant can challenge or excuse a prospective juror for a specific cause or reason.
Q:
In a deposition, a lawyer orally asks questions of the possible witness and an oral response is given.
Q:
Discovery procedures are intended to be used by the parties to litigation strictly under a courts direct supervision.
Q:
Discovery procedures lessen the burden on the judicial system.
Q:
Each state has prescribed a time limit after which a suit cannot be filed, called a statute of limitations.
Q:
A statute of limitations determines the maximum amount of money for which a plaintiff can sue.
Q:
After receiving an answer that contains one or more counterclaims, a plaintiff files a reply that specifically admits or denies each allegation of a defendants counterclaims.
Q:
The discovery process narrows the issues disputed by the parties involved in a lawsuit.
Q:
Typically, the least expensive method of discovery is to present a series of written questions to the opposing parties.
Q:
Long-arm statutes do not authorize out-of-state service of process in all cases.
Q:
At the federal level, the Supreme Court encourages class-action suits.
Q:
Class-action suits in federal courts are most likely to be settled on a classwide basis only if the settlements terms are fair and equitable and only if all of the class certification requirements for trial have been met.
Q:
Standing to sue depends upon the merits of a plaintiffs contention that particular conduct is illegal.
Q:
The only way for a court to obtain personal jurisdiction over a defendant is to have that person served with a summons.
Q:
Personal jurisdiction over a defendant is obtained by a court when a plaintiff files a suit.
Q:
Statutes that provide for the service of process beyond state boundaries are referred to as long-arm statutes.
Q:
The U.S. Supreme Court grants the petition for a writ of certiorari and allows another review as a matter of right.
Q:
The person against whom a criminal charge is filed by the prosecuting state is called the respondent.
Q:
When a defendant wants to sue a plaintiff, the defendant files a counterclaim.
Q:
Defendants usually bring in third-party defendants when there is someone who may have liability to a defendant if the defendant has liability to a plaintiff.
Q:
Through the standing-to-sue requirements, courts are able to insist that there be an adversarial relationship between plaintiff and defendant.
Q:
The presence of standing to sue is determined by the nature and source of a plaintiffs allegations.
Q:
The special reviewing court, located in Washington, D.C., hears appeals from special courts such as the U.S. Claims Court and Contract Appeals as well as from administrative decisions such as those made by the Patent and Trademark Office.
Q:
The Supreme Court is far more likely to review and reverse a decision rendered by the Fourth Circuit Court of Appeals.
Q:
Final judgments or decrees rendered by the highest court of a state are reviewed by the federal district courts.
Q:
A courts jurisdiction can only be limited to subject matter, not to the amount in controversy.
Q:
In a class-action suit, the claim of each plaintiff must be greater than the $75,000 jurisdictional amount.
Q:
The U.S. court system is an adversarial system.
Q:
Private parties cannot represent themselves without a lawyer in U.S. courts.
Q:
The attorney-client privilege cannot be extended to communications made to a lawyers employees under any circumstance.
Q:
As a general rule, the law does not permit a lawyer to reveal confidential communications and testify against a client, even if called to do so at a trial.
Q:
Probate courts deal with juvenile crime and dependent children.
Q:
Several studies have found a discernible difference between results reached by a six-person jury and those reached by a 12-person jury.
Q:
Many states have eliminated the requirement of unanimity in their courts in civil cases and two states have done so in criminal cases.
Q:
Federal law does not specify the number of jurors required in cases that are brought to trial before a jury at common law.