Question 1

An injured child has capacity to sue.

Accepted Answer

A) True 
 B)False

Question 2

The caption of a complaint states the cause of action.

Accepted Answer

A) True 
 B)False

Question 3

Rescission includes an action seeking ​

Accepted Answer

A)  to cancel a contract made under duress. ​ 
B)  ​ performance of a contract as it was written. 
C)  ​ a change in the terms of a contract. 
D)  ​ special damages. 
A)  to cancel a contract made under duress. ​ 
B)  ​ performance of a contract as it was written. 
C)  ​ a change in the terms of a contract. 
D)  ​ special damages.

Question 4

Notice pleading is ​

Accepted Answer

A)  ​ used in all states. 
B)  ​ used in federal cases. 
C)  ​ more detailed than fact pleading. 
D)  ​ no longer used. 
A)  ​ used in all states. 
B)  ​ used in federal cases. 
C)  ​ more detailed than fact pleading. 
D)  ​ no longer used.

Question 5

A real party in interest is ​

Accepted Answer

A)  ​ the employer of the injured person. 
B)  ​ a key witness. 
C)  ​ the person who caused the injury. 
D)  ​ the attorney for the plaintiff. 
A)  ​ the employer of the injured person. 
B)  ​ a key witness. 
C)  ​ the person who caused the injury. 
D)  ​ the attorney for the plaintiff.

Question 6

​ A wherefore clause states the

Accepted Answer

A)  ​ demand for relief. 
B)  ​ cause of action. 
C)  ​ elements of law. 
D)  ​ counterclaim. 
A)  ​ demand for relief. 
B)  ​ cause of action. 
C)  ​ elements of law. 
D)  ​ counterclaim.

Question 7

​ A person shall not be deprived of life, liberty, or property without

Accepted Answer

A)  ​ capacity. 
B)  ​ verification. 
C)  ​ due process of law. 
D)  litigation. ​ 
A)  ​ capacity. 
B)  ​ verification. 
C)  ​ due process of law. 
D)  litigation. ​

Question 8

Federal and some state privacy laws on personal identification in legal documents require ​

Accepted Answer

A)  ​ only the last four digits of Social Security numbers. 
B)  ​ only business financial account numbers. 
C)  ​ only the ZIP code of an address. 
D)  ​ full names of minors. 
A)  ​ only the last four digits of Social Security numbers. 
B)  ​ only business financial account numbers. 
C)  ​ only the ZIP code of an address. 
D)  ​ full names of minors.

Question 9

Demand for a jury trial is assumed unless otherwise stated in the complaint.

Accepted Answer

A) True 
 B)False

Question 10

It is up to the drafter of the complaint to decide whether privacy concerns should limit personal identification information on the document.

Accepted Answer

A) True 
 B)False

Question 11

Notice pleading does not require attention to the elements of law.

Accepted Answer

A) True 
 B)False

Question 12

Relief in a wrongful death action may include parental damages.

Accepted Answer

A) True 
 B)False

Question 13

An example of a person who has standing to sue is ​

Accepted Answer

A)  ​ a retailer who will lose business next year because of an unfulfilled advertising contract. 
B)  ​ the adult daughter of a man who suffered food poisoning at a restaurant. 
C)  ​ a woman who was upset when a friend's dog was killed by a reckless driver. 
D)  ​ a homeowner who thinks a neighbor intends to let his property become an eyesore. 
A)  ​ a retailer who will lose business next year because of an unfulfilled advertising contract. 
B)  ​ the adult daughter of a man who suffered food poisoning at a restaurant. 
C)  ​ a woman who was upset when a friend's dog was killed by a reckless driver. 
D)  ​ a homeowner who thinks a neighbor intends to let his property become an eyesore.

Question 14

To sue, a party must have ​

Accepted Answer

A)  capacity. ​ 
B)  ​ domicile. 
C)  ​ interest. 
D)  ​ caption. 
A)  capacity. ​ 
B)  ​ domicile. 
C)  ​ interest. 
D)  ​ caption.

Question 15

The abbreviation et al. may not be used in the complaint caption.

Accepted Answer

A) True 
 B)False

Question 16

Ms. Schnabel is a real party in interest in the Forrester case.

Accepted Answer

A) True 
 B)False

Question 17

The complaint must always include the ​

Accepted Answer

A)  ​ appendix. 
B)  ​ verification. 
C)  ​ exhibit. 
D)  ​ subscription. 
A)  ​ appendix. 
B)  ​ verification. 
C)  ​ exhibit. 
D)  ​ subscription.

Question 18

A lawsuit may be prevented if the defendant ​

Accepted Answer

A)  ​ is a child. 
B)  ​ is unknown. 
C)  ​ has sovereign immunity. 
D)  ​ is an unincorporated association. 
A)  ​ is a child. 
B)  ​ is unknown. 
C)  ​ has sovereign immunity. 
D)  ​ is an unincorporated association.

Question 19

Fact pleading is the simplest form of pleading.

Accepted Answer

A) True 
 B)False

Question 20

Name two documents filed to require a party to do or refrain from doing some act.

Accepted Answer

Preliminary injuncti

An injured child has capacity to sue.

The caption of a complaint states the cause of action.

Rescission includes an action seeking

Notice pleading is

A real party in interest is

A wherefore clause states the

A person shall not be deprived of life, liberty, or property without

Federal and some state privacy laws on personal identification in legal documents require

Demand for a jury trial is assumed unless otherwise stated in the complaint.

It is up to the drafter of the complaint to decide whether privacy concerns should limit personal identification information on the document.

Notice pleading does not require attention to the elements of law.

Relief in a wrongful death action may include parental damages.

An example of a person who has standing to sue is

To sue, a party must have

The abbreviation et al. may not be used in the complaint caption.

Ms. Schnabel is a real party in interest in the Forrester case.

The complaint must always include the

A lawsuit may be prevented if the defendant

Fact pleading is the simplest form of pleading.

Name two documents filed to require a party to do or refrain from doing some act.

Welcome to the Law Office: Foundations for Litigation

The Initial Interview

Evidence and Investigation

Filing the Lawsuit, Service of Process, and Obtaining a Default Judgment

Defending and Testing the Lawsuit: Motions, Answers, and Other

Discovery and Electronic Discovery: Overview and Interrogatories

Discovery: Depositions

Discovery: Document Production and Control, Medical Exams, Admissions

Settlement and Other Alternative Dispute Resolutions

Trial Preparation and Trial

Post-Trial Practice From Motions to Appeal

Filters

Exam 4: Drafting the Complaint

An injured child has capacity to sue.

The caption of a complaint states the cause of action.

Rescission includes an action seeking ​

Notice pleading is ​

A real party in interest is ​

​ A wherefore clause states the

​ A person shall not be deprived of life, liberty, or property without

Federal and some state privacy laws on personal identification in legal documents require ​

Demand for a jury trial is assumed unless otherwise stated in the complaint.

It is up to the drafter of the complaint to decide whether privacy concerns should limit personal identification information on the document.

Notice pleading does not require attention to the elements of law.

Relief in a wrongful death action may include parental damages.

An example of a person who has standing to sue is ​

To sue, a party must have ​

The abbreviation et al. may not be used in the complaint caption.

Ms. Schnabel is a real party in interest in the Forrester case.

The complaint must always include the ​

A lawsuit may be prevented if the defendant ​

Fact pleading is the simplest form of pleading.

Name two documents filed to require a party to do or refrain from doing some act.

Welcome to the Law Office: Foundations for Litigation

The Initial Interview

Evidence and Investigation

Filing the Lawsuit, Service of Process, and Obtaining a Default Judgment

Defending and Testing the Lawsuit: Motions, Answers, and Other

Discovery and Electronic Discovery: Overview and Interrogatories

Discovery: Depositions

Discovery: Document Production and Control, Medical Exams, Admissions

Settlement and Other Alternative Dispute Resolutions

Trial Preparation and Trial

Post-Trial Practice From Motions to Appeal

Filters

Rescission includes an action seeking

Notice pleading is

A real party in interest is

A wherefore clause states the

A person shall not be deprived of life, liberty, or property without

Federal and some state privacy laws on personal identification in legal documents require

An example of a person who has standing to sue is

To sue, a party must have

The complaint must always include the

A lawsuit may be prevented if the defendant