Question 1

DEFINE
-counterclaim

Accepted Answer

A counterclaim is the defendant's claim against the plaintiff for a loss the defendant sustained in the same transaction or occurrence. The name of the pleading that the defendant uses to assert such a claim.

Question 2

DEFINE
-proximate cause

Accepted Answer

Proximate cause is a cause that has a direct and substantial part in bringing about an occurrence, injury, loss, or harm for which a party seeks a remedy in court. An act or omission that is deemed sufficiently responsible for an injury or loss to impose legal responsibility for the harm. A proximate cause is a cause recognized in law as creating legal responsibility. (Any one of these answers or a similar response would show that the student understands the concept.)

Question 3

If a plaintiff inadvertently omits a claim of, for example, negligence from a complaint (and the action is tried to a conclusion), the plaintiff may file another suit so that he or she can rightfully assert that claim.

Accepted Answer

A) True 
 B)False  False

Question 4

DEFINE
-common law

Accepted Answer

Common law is the basis for a legal syst

Question 5

Why do courts have a rule against splitting a cause of action?

Accepted Answer

A party is forced to bring in one lawsui

Question 6

What essential factors must the plaintiff show in any civil action to recover money damages?

Accepted Answer

That the defendant owed the plaintiff a

Question 7

DEFINE
-subpoena

Accepted Answer

Subpoena means under penalty of law. A s

Question 8

To make sure that defendants do not escape responsibility for injury caused to others, courts allow plaintiffs to sue the defendant in two or more courts on the same claim.
212

Accepted Answer

A) True 
 B)False

Question 9

SHORT ANSWER
-A court's jurisdiction comes from .

Accepted Answer

The govern

Question 10

Lower courts may not ignore the rule of stare decisis even if they find the result to be terribly unfair to the injured party.

Accepted Answer

A) True 
 B)False

Question 11

What functions do appellate courts serve?

Accepted Answer

Appellate courts supervise the lower cou

Question 12

How does an "action" differ from a "cause of action"?

Accepted Answer

"Action" is merely another word for laws

Question 13

Since criminal penalties seem to be inadequate to deter crime, civil litigation is now principally concerned with penalizing the wrongdoer.

Accepted Answer

A) True 
 B)False

Question 14

Courts do not have the power to do which of the following?

Accepted Answer

A)  Require witnesses to appear in court to testify and produce tangible evidence in their possession through its subpoena power. 
B)  Compel parties to comply with court orders and procedures through the imposition of sanctions and penalties. 
C)  Enforce court orders against persons who are not parties to a pending action. 
D)  Litigate controversies between individuals, corporations, governmental agencies, states, the Federal government, and other legal entities. 
A)  Require witnesses to appear in court to testify and produce tangible evidence in their possession through its subpoena power. 
B)  Compel parties to comply with court orders and procedures through the imposition of sanctions and penalties. 
C)  Enforce court orders against persons who are not parties to a pending action. 
D)  Litigate controversies between individuals, corporations, governmental agencies, states, the Federal government, and other legal entities.

Question 15

Insofar as a statute is inconsistent with a common law rule, the common law rule is abrogated.

Accepted Answer

A) True 
 B)False

Question 16

SHORT ANSWER
-If a court fails to obtain jurisdiction over a party, the court's judgment is
.

Accepted Answer

The answer of SHORT ANSWER
-If a court fails to obtain...

Question 17

SHORT ANSWER
-A cross-claim has the effect of establishing between defendants.

Accepted Answer

The answer of SHORT ANSWER
-A cross-claim has the effect of...

Question 18

How does a court obtain personal jurisdiction over the plaintiff in a civil lawsuit?

Accepted Answer

The plaintiff submit

Question 19

SHORT ANSWER
-If a court discovers that it lacks jurisdiction in a case, the case must be
.

Accepted Answer

The answer of SHORT ANSWER
-If a court discovers that it...

Question 20

A court cannot enter a binding judgment against the parties unless it has juris- diction in three areas:

Accepted Answer

A)  the damages, the cause of action, and the geographical territory. 
B)  the parties, the geographical territory, and the subject matter. 
C)  the geographical territory, the cause of action, and the remedy. 
D)  the cause of action, the subject matter, and the parties. 
A)  the damages, the cause of action, and the geographical territory. 
B)  the parties, the geographical territory, and the subject matter. 
C)  the geographical territory, the cause of action, and the remedy. 
D)  the cause of action, the subject matter, and the parties.

Exam 1: Litigation Principles

DEFINE -counterclaim

DEFINE -proximate cause

If a plaintiff inadvertently omits a claim of, for example, negligence from a complaint (and the action is tried to a conclusion), the plaintiff may file another suit so that he or she can rightfully assert that claim.

DEFINE -common law

Why do courts have a rule against splitting a cause of action?

What essential factors must the plaintiff show in any civil action to recover money damages?

DEFINE -subpoena

To make sure that defendants do not escape responsibility for injury caused to others, courts allow plaintiffs to sue the defendant in two or more courts on the same claim. 212

SHORT ANSWER -A court's jurisdiction comes from .

Lower courts may not ignore the rule of stare decisis even if they find the result to be terribly unfair to the injured party.

What functions do appellate courts serve?

How does an "action" differ from a "cause of action"?

Since criminal penalties seem to be inadequate to deter crime, civil litigation is now principally concerned with penalizing the wrongdoer.

Courts do not have the power to do which of the following?

Insofar as a statute is inconsistent with a common law rule, the common law rule is abrogated.

SHORT ANSWER -If a court fails to obtain jurisdiction over a party, the court's judgment is .

SHORT ANSWER -A cross-claim has the effect of establishing between defendants.

How does a court obtain personal jurisdiction over the plaintiff in a civil lawsuit?

SHORT ANSWER -If a court discovers that it lacks jurisdiction in a case, the case must be .

A court cannot enter a binding judgment against the parties unless it has juris- diction in three areas:

Lawyer and Client Relationship and Ethics

Court Organization

Causes of Action and Remedies

Affirmative Defenses

Introduction to Federal Procedure

Gathering Evidence

Evidence

Conducting an Investigation

Expert Witnesses

Interrogatories

Oral Depositions

Preparing Client for Deposition

Medical Examinations and Records

Inspection of Property, Documents, and Things

Requests for Admissions

Motions

Preparation for Trial

Structure of a Civil Trial

Judgments

Appeals

Settlements, Releases, and Dismissals

Arbitration and Mediation Glossary

Filters