Deck 2: Legal Procedures: Journey of a Case Through the Courts

Question 1

In a particular case the plaintiff is from Chicago, Illinois, and the defendant is from Tucson, Arizona. The amount of the claim is $43,000. True or false: Federal courts will have jurisdiction of this claim.

Answer 1

False

Question 2

In every lawsuit the plaintiff must prove three things. Which of the following is not one of them?

A) Defendant violated the law.
B) Defendant was negligent.
C) Plaintiff suffered an injury.
D) The cause of plaintiff's injury was defendant's violation of the law.

Answer 2

B

Question 3

Most cases end up in trial.

Answer 3

False

Question 4

Which of the following is not an alternative dispute resolution mechanism?

A) Arbitration
B) Summary trial
C) Bench trial
D) Mediation

Question 5

The consequence for a defendant failing to respond to a complaint is a default judgment.

Question 6

A peremptory challenge refers to:

A) A denial in an answer
B) A dismissal of a juror without cause
C) A dismissal of a juror with cause
D) A request during discovery for evidence critical to another party's case

Question 7

The Supreme Court of a state has the authority to hear every kind of case.

Question 8

Which of the following best describes a claim?

A) The first document issued by the plaintiff in a lawsuit
B) A demand for a remedy to compensate for a perceived wrong
C) The first phase of a trial
D) The basis on which a judge decides a case

Question 9

Which of the following is not a pleading?

A) Summons
B) Complaint
C) Answer
D) Reply

Question 10

The lawyer for a losing party can attack a verdict by all but which one of the following procedures?

A) Seek a judgment notwithstanding the verdict
B) Seek further discovery
C) Ask for a new trial on the grounds of improper charge
D) Ask for a reduction of the damage because the amount awarded was unreasonable

Question 11

A guest was injured on a hotel escalator. True or false: Her lawyer is entitled to inspect the escalator in preparation for the trial.

Question 12

Which of the following documents directs the defendant to appear in the lawsuit and defend the allegations made against him?

A) The complaint
B) The answer
C) The summons
D) A motion for a directed verdict

Question 13

A defendant made a successful motion to have a case dismissed because the court lacked jurisdiction. True or false: The plaintiff can restart the case in a court that does have jurisdiction.

Question 14

The defendant is the person who initiates a lawsuit.

Question 15

Which of the following is not included in a complaint?

A) A statement showing the jurisdiction of the court
B) Details about why the plaintiff is suing the defendant
C) A request for discovery
D) A claim for relief

Question 16

A diner sued a restaurant, claiming the food was rancid and made her sick. The restaurant intends to deny these claims and seek payment from the diner for the cost of the meal, which the diner refused to pay. The document in which the restaurant would assert this claim is:

A) The complaint
B) The answer
C) The summons
D) The bill of particulars

Question 17

Which is the correct chronological order for the segments of a trial?

A) Opening statement, cases in full, judge's charge, rebuttal
B) Opening statement, rebuttal, cases in full, judge's charge
C) Opening statement, cases in full, rebuttal, judge's charge
D) Judge's charge, opening statement, cases in full, rebuttal

Question 18

In the case citation 786 P.2d 435 (1987), what does the number 435 indicate?

A) The page on which the case is located
B) The volume number in which the case is located
C) The set of books in which the case is located
D) The number of a statute that was cited in the case

Question 19

Who presents a rebuttal case?

A) Plaintiff
B) Defendant
C) The judge
D) The jury

Question 20

A jurisdiction of a court is determined by which of the following?

A) The legislature
B) The judge
C) The lawyer for the plaintiff
D) The lawyer for the defendant

Question 21

A request to judge for relief made while a lawsuit is ongoing is called a ____________________.

Question 22

The ______________________________ in a complaint must set forth facts demonstrating that the court designated by plaintiff has the power to decide the case.

Question 23

A method for settling disputes in which a person other than a judge listens to both parties' positions and then makes a determination or assists the parties in resolving the matter is called ________________________________________.

Question 24

The process by which a jury is selected is called _________________________.

Question 25

Three categories of people included in the jury pool are ________________________________________, ________________________________________, ________________________________________.

Question 26

If the jury is ____________________, the judge will call a mistrial and the plaintiff can begin again with a new trial.

Question 27

A case that proceeds to trial without a jury is called a _________________________.

Question 28

The charge to a jury consists of the ____________________ that is applicable to the case.

Question 29

The primary purpose of discovery is ____________________________________________________________________.

Question 30

If the defendant includes a ____________________ in the answer, the plaintiff must file a reply.

Question 31

The court with the authority to hear cases involving wills is _________________________.

Question 32

The voir dire is a presentation to the jury outlining the proof the lawyer expects to present during the trial.

Question 33

A party to a lawsuit has an absolute right to appeal the case to intermediate appellate courts and the highest appellate court, as the litigant sees fit.

Question 34

Both the lawyers and the judge can ask questions during the voir dire; the lawyers present the summations; the judge charges the jury.

Question 35

The primary difference between an allegation and a fact is ____________________________________________________________________.

Question 36

The furnace in the "Best Lunch Around" Restaurant is located in a closet next to the bathroom. A diner was injured while in the bathroom when the furnace exploded. To establish that the restaurant was at fault, the diner intends to present at trial two expert witnesses to discuss the intricacies of the furnace mechanisms. True or false: The diner in this case would be well advised to request a jury for the trial.

Question 37

The system of justice utilized in the United States in an ____________________ system.

Question 38

The plaintiff presents its case-in-chief before the defendant presents its case-in-chief.

Question 39

The document that commences the lawsuit is called a ____________________.

Question 40

_________________________ have the authority to review the handling and decision of a case tried in a lower court.

Question 41

Two factors a manager should consider when deciding how to handle a case brought against a business are ________________________________________, ________________________________________.