Exam 12: Civil Procedure Before Trial

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In federal court, civil procedure is regulated by the United States Code and which set of rules?

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A cause of action is a factual situation that creates a legally recognized right to damages or other relief.

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True

Depositions are written questions answered under oath.

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False

Personal jurisdiction is in part controlled by the due process clause of the Constitution.

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Service of process:

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Diversity of citizenship means that one party is not a resident of the United States.

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The answer is the response to the complaint challenging the factual basis for the lawsuit.

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Match the discovery method with the correct description:
Request for medical exam
A request that a party submit to a medical examination by a doctor selected by the opposing side
Interrogatories
Written requests by one party to another to admit or deny the truth of a statement or the genuineness of a document
Deposition
Written questions sent by one party to another party that must be answered under oath
Correct Answer:
Verified
Premises:
Responses:
Request for medical exam
A request that a party submit to a medical examination by a doctor selected by the opposing side
Interrogatories
Written requests by one party to another to admit or deny the truth of a statement or the genuineness of a document
Deposition
Written questions sent by one party to another party that must be answered under oath
Request to produce or inspect
An oral proceeding in which one side personally questions another party or witness in a case
Request for admissions
A written request by one party to another to allow one side to see and copy documents or to physically inspect real or personal property that is relevant to the lawsuit
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Plaintiffs are required to use licensed process servers to serve complaints.

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The two most common pleadings are the complaint and the ______.

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When a lawsuit involves title to real property, what venue usually governs?

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If a defendant makes a claim against a co-defendant in federal court, it is known as a:

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Explain the difference between federal question jurisdiction and diversity of citizenship jurisdiction.

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Lack of proper venue renders any judgment void.

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In a complaint, the factual statements forming the basis of the claim are found in the caption.

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Interrogatories are written questions sent by one party to another party that must be answered under ______.

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Why do think so few civil lawsuits end up going to trial?

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The authority of the federal courts to hear trials is known as original jurisdiction.

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Written questions sent by one party to another party that must be answered under oath are known as:

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What is the name of the meeting where the attorneys meet with the judge prior to trial and try to reach a compromise?

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