Question 1

The_________ contains a statement regarding the court's jurisdiction over the dispute and a demand for remedy.

Accepted Answer

A)  complaint 
B)  first filing 
C)  witness list 
D)  docket 
A)  complaint 
B)  first filing 
C)  witness list 
D)  docket A

Question 2

What are pleadings? Name and describe the pleadings discussed in the text.

Accepted Answer

Pleadings are documents filed by the plaintiff and the defendant that detail the facts, charges, and defenses involved in the lawsuit. Pleadings typically consist of the following:
• The plaintiff's complaint-Called a petition in some courts, this is a document that states the claims the plaintiff is making against the defendant. The complaint also contains a statement regarding the court's jurisdiction over the dispute and a demand for a remedy (such as money damages).
• The defendant's answer-The answer is the defendant's response to each allegation in the plaintiff's complaint. A defendant may assert, in the answer, a reason why he or she should not be held liable for the plaintiff's injuries even if the facts, as alleged by the plaintiff, are true. This is called raising an affirmative defense. The defendant may also assert, in the answer, one or more counterclaims.
• The counterclaim or cross-claim-A counterclaim is like a reverse lawsuit in which the defendant asserts a claim against the plaintiff for injuries that the defendant suffered from the same incident. The plaintiff is required to reply to any counterclaims made by the defendant.

Question 3

Under federal rules, service of process may be effected by which of the following?

Accepted Answer

A)  A person who is not a party 
B)  A person who is under 18 years of age 
C)  A person who is at least 18 years of age 
D)  A person who is not a party and is at least 18 years of age 
A)  A person who is not a party 
B)  A person who is under 18 years of age 
C)  A person who is at least 18 years of age 
D)  A person who is not a party and is at least 18 years of age D

Question 4

Which of the following statements is true about the costs of electronic discovery?

Accepted Answer

A)  Electronic discovery is very cheap. 
B)  Electronic discovery is often very expensive. 
C)  The court pays all of the costs of electronic discovery. 
D)  None of these choices is correct. 
A)  Electronic discovery is very cheap. 
B)  Electronic discovery is often very expensive. 
C)  The court pays all of the costs of electronic discovery. 
D)  None of these choices is correct.

Question 5

Which amendment to the U.S. Constitution permits a civil jury trial? Is a jury trial required in a civil case? Who decides this and why?

Accepted Answer

The Seventh Amendment guarantees the rig

Question 6

An out-of-court resolution of the dispute is called a(n)

Accepted Answer

A)  agreement. 
B)  conclusion. 
C)  resolution. 
D)  None of these choices is correct. 
A)  agreement. 
B)  conclusion. 
C)  resolution. 
D)  None of these choices is correct.

Question 7

FRCP 33 limits the number of interrogatories in federal court cases to which of the following?

Accepted Answer

A)  Twenty-five 
B)  Fifty 
C)  Eighty 
D)  One hundred 
A)  Twenty-five 
B)  Fifty 
C)  Eighty 
D)  One hundred

Question 8

When drafting a complaint, one should strive to be

Accepted Answer

A)  brief. 
B)  simple. 
C)  clear. 
D)  All of these choices are correct. 
A)  brief. 
B)  simple. 
C)  clear. 
D)  All of these choices are correct.

Question 9

In a civil case, if the threshold requirement as to the amount in controversy has been met, the_________ may request a jury trial.

Accepted Answer

A)  plaintiff only 
B)  defendant only 
C)  plaintiff and defendant together 
D)  plaintiff and defendant separately 
A)  plaintiff only 
B)  defendant only 
C)  plaintiff and defendant together 
D)  plaintiff and defendant separately

Question 10

A person asked to testify in a civil litigation trial is a

Accepted Answer

A)  plaintiff. 
B)  paralegal. 
C)  defendant. 
D)  None of these choices is correct. 
A)  plaintiff. 
B)  paralegal. 
C)  defendant. 
D)  None of these choices is correct.

Question 11

Sometimes defendants may be difficult to locate. Helpful information sources include which of the following?

Accepted Answer

A)  Telephone directories 
B)  State and county tax rolls 
C)  Former fellow workers 
D)  All of these choices are correct. 
A)  Telephone directories 
B)  State and county tax rolls 
C)  Former fellow workers 
D)  All of these choices are correct.

Question 12

An initial client interview is usually conducted by an attorney. Explain why this is the case.

Accepted Answer

The attorney normally conducts the initi

Question 13

Which of the following is not a step that the court clerk takes when filing the complaint?

Accepted Answer

A)  Stamping the date on the first page of all the documents 
B)  Assigning the case a file number 
C)  Assigning the case to a particular judge 
D)  None of these choices is correct. 
A)  Stamping the date on the first page of all the documents 
B)  Assigning the case a file number 
C)  Assigning the case to a particular judge 
D)  None of these choices is correct.

Question 14

Effective complaints are

Accepted Answer

A)  long and wordy. 
B)  heavily reliant on legalese. 
C)  clear and concise. 
D)  heavily reliant on legalese and clear and concise. 
A)  long and wordy. 
B)  heavily reliant on legalese. 
C)  clear and concise. 
D)  heavily reliant on legalese and clear and concise.

Question 15

The attorney's ____at the end of the complaint signifies that the attorney has read the
Complaint and that the facts alleged are true to the best of his or her knowledge.

Accepted Answer

A)  name and address 
B)  affidavit 
C)  signature 
D)  statement 
A)  name and address 
B)  affidavit 
C)  signature 
D)  statement

Question 16

Discovery allows access to information that is

Accepted Answer

A)  not privileged and not relevant. 
B)  not relevant and privileged. 
C)  privileged and not relevant. 
D)  relevant and not privileged. 
A)  not privileged and not relevant. 
B)  not relevant and privileged. 
C)  privileged and not relevant. 
D)  relevant and not privileged.

Question 17

Which of the following is a form of substituted service of process?

Accepted Answer

A)  Certified mail 
B)  E-mail 
C)  Fax 
D)  All of these choices are correct. 
A)  Certified mail 
B)  E-mail 
C)  Fax 
D)  All of these choices are correct.

Question 18

A federal question arises whenever a claim in a civil lawsuit relates to which of the following?

Accepted Answer

A)  A federal law 
B)  A treaty executed by the U.S. government 
C)  A state law 
D)  A federal law and a treaty executed by the U.S. government. 
E)  None of these choices is correct. 
A)  A federal law 
B)  A treaty executed by the U.S. government 
C)  A state law 
D)  A federal law and a treaty executed by the U.S. government. 
E)  None of these choices is correct.

Question 19

Items attached to a summons include which of the following?

Accepted Answer

A)  Interrogatories 
B)  Complaint 
C)  Answer 
D)  Deposition 
A)  Interrogatories 
B)  Complaint 
C)  Answer 
D)  Deposition

Question 20

Describe waiver of service by the defendant and why it is encouraged by some courts.

Accepted Answer

In many instances, the defendant is alre

The_________ contains a statement regarding the court's jurisdiction over the dispute and a demand for remedy.

What are pleadings? Name and describe the pleadings discussed in the text.

Under federal rules, service of process may be effected by which of the following?

Which of the following statements is true about the costs of electronic discovery?

Which amendment to the U.S. Constitution permits a civil jury trial? Is a jury trial required in a civil case? Who decides this and why?

An out-of-court resolution of the dispute is called a(n)

FRCP 33 limits the number of interrogatories in federal court cases to which of the following?

When drafting a complaint, one should strive to be

In a civil case, if the threshold requirement as to the amount in controversy has been met, the_________ may request a jury trial.

A person asked to testify in a civil litigation trial is a

Sometimes defendants may be difficult to locate. Helpful information sources include which of the following?

An initial client interview is usually conducted by an attorney. Explain why this is the case.

Which of the following is not a step that the court clerk takes when filing the complaint?

Effective complaints are

The attorney's ____at the end of the complaint signifies that the attorney has read the Complaint and that the facts alleged are true to the best of his or her knowledge.

Discovery allows access to information that is

Which of the following is a form of substituted service of process?

A federal question arises whenever a claim in a civil lawsuit relates to which of the following?

Items attached to a summons include which of the following?

Describe waiver of service by the defendant and why it is encouraged by some courts.

Todays Professional Paralegal

Career Opportunities

The Inner Workings of the Law Office

Ethics and Professional Responsibility

Sources of American Law

The Court System and Alternative Dispute Resolution

Legal Research and Analysis

Online Legal Research

Legal Writing: Form and Substance

Conducting Interviews and Investigations

Trial Procedures

Criminal Law and Procedures

Tort Law, Product Liability,

Contracts and Intellectual Property Law

Real Property and Insurance Law

Family Law and Estates

Business Organizations and Employment Law

Bankruptcy and Environmental Law

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Exam 10: Civil Litigation: Before the Trial

The_________ contains a statement regarding the court's jurisdiction over the dispute and a demand for remedy.

What are pleadings? Name and describe the pleadings discussed in the text.

Under federal rules, service of process may be effected by which of the following?

Which of the following statements is true about the costs of electronic discovery?

Which amendment to the U.S. Constitution permits a civil jury trial? Is a jury trial required in a civil case? Who decides this and why?

An out-of-court resolution of the dispute is called a(n)

FRCP 33 limits the number of interrogatories in federal court cases to which of the following?

When drafting a complaint, one should strive to be

In a civil case, if the threshold requirement as to the amount in controversy has been met, the_________ may request a jury trial.

A person asked to testify in a civil litigation trial is a

Sometimes defendants may be difficult to locate. Helpful information sources include which of the following?

An initial client interview is usually conducted by an attorney. Explain why this is the case.

Which of the following is not a step that the court clerk takes when filing the complaint?

Effective complaints are

The attorney's ____at the end of the complaint signifies that the attorney has read the Complaint and that the facts alleged are true to the best of his or her knowledge.

Discovery allows access to information that is

Which of the following is a form of substituted service of process?

A federal question arises whenever a claim in a civil lawsuit relates to which of the following?

Items attached to a summons include which of the following?

Describe waiver of service by the defendant and why it is encouraged by some courts.

Todays Professional Paralegal

Career Opportunities

The Inner Workings of the Law Office

Ethics and Professional Responsibility

Sources of American Law

The Court System and Alternative Dispute Resolution

Legal Research and Analysis

Online Legal Research

Legal Writing: Form and Substance

Conducting Interviews and Investigations

Trial Procedures

Criminal Law and Procedures

Tort Law, Product Liability,

Contracts and Intellectual Property Law

Real Property and Insurance Law

Family Law and Estates

Business Organizations and Employment Law

Bankruptcy and Environmental Law

Filters