Deck 3: Trials and Resolving Disputes

Question 1

An adversary system of justice is one in which:

A)parties must be represented by a lawyer before a neutral court
B)parties must represent themselves before a biased court
C)parties must submit their case to the highest court possible
D)parties may not represent themselves
E)none of the other choices are correct

Answer 1

E

Question 2

The formal statements made to the court by the parties to a case that list their claims and defenses are called:

A)statements of defense
B)statements of reason
C)pleadings
D)services
E)jurisdictions

Answer 2

C

Question 3

A complaint filed by a plaintiff need not contain:

A)a statement alleging the facts necessary for the court to take jurisdiction
B)a statement of the facts necessary to show that plaintiff may be entitled to a remedy
C)a statement of the evidence in the plaintiff's possession
D)a statement of the remedy the plaintiff is seeking
E)all of the other choices are necessary

Answer 3

C

Question 4

The formal statements made to the court by the parties to a case that list their claims and defenses are called:

A)statements of defense
B)statements of reason
C)jurisdictions
D)services
E)none of the other choices are correct

Question 5

A complaint is a formal statement that:

A)informs the defendant that he is being sued
B)informs the plaintiff that he must appear in court
C)details the agreement between the plaintiff and his lawyer
D)sets forth the defendant's claim against the plaintiff
E)none of the other choices are correct

Question 6

Along with a summons,the plaintiff serves the defendant with:

A)a copy of the complaint
B)a copy of the evidence against the defendant
C)a copy of the plaintiff's citizenship
D)a copy of the plaintiff's lawyer's contract
E)none of the other choices are correct

Question 7

To begin the litigation process,the plaintiff must first:

A)give notice to the defendant by service of process
B)determine in which court to bring the action
C)serve the defendant with the complaint
D)make a motion for a pleading
E)request a pre-trial hearing before a judge

Question 8

The first pleading is commonly called:

A)the problem
B)the answer
C)the affirmative defense
D)the res judicata
E)none of the other choices

Question 9

An adversary system of justice is one in which:

A)parties must be represented by a lawyer before a neutral court
B)parties must represent themselves before a biased court
C)parties must represent themselves and argue their positions before a neutral court
D)parties may not represent themselves
E)none of the other choices are correct

Question 10

Which is the correct order of stages for a typical lawsuit:

A)discovery,pretrial,trial,pleadings,appeals
B)pleadings,pretrial,discovery,trial,appeals
C)pretrial,pleadings,discovery,trial,appeals
D)pleadings,discovery,pretrial,trial,appeals
E)discovery,pleadings,pretrial,trial,appeals

Question 11

When a plaintiff files a suit against a defendant,plaintiff:

A)must publish a notice of the suit in the legal advertisement section of the local newspaper
B)pays a fee to the bailiff to handle service of process to defendant
C)must give notice to the defendant by posting notice of the suit with the clerk of the court
D)has no duty to notify defendant since we have a duty to know what legal actions may be pending against us
E)none of the other choices are correct

Question 12

An adversary system of justice does not:

A)reflect the belief that truth is discovered through the presentation of competing ideas
B)require opposing parties to argue their positions before a court
C)require an actual case or controversy
D)require a judge to apply the law to the facts established
E)all of the other choices are correct

Question 13

A judicial system that requires parties to represent themselves and argue their positions before a neutral court is referred to as:

A)an admonishing system of justice
B)an aversive system of justice
C)an adversarial system of justice
D)a complex system of justice
E)none of the other choices are correct

Question 14

The first pleading is commonly called:

A)the complaint
B)the answer
C)the affirmative defense
D)the res judicata
E)none of the other choices

Question 15

When a plaintiff files a suit against a defendant,plaintiff:

A)must publish a notice of the suit in the legal advertisement section of the local newspaper
B)must give notice to the defendant by service of process
C)must give notice to the defendant by posting notice of the suit with the clerk of the court
D)has no duty to notify defendant since we have a duty to know what legal actions may be pending against us
E)none of the other choices are correct

Question 16

The complaint filed by plaintiff contains:

A)a statement alleging the facts necessary for the court to take jurisdiction
B)a short statement of the facts necessary to show that plaintiff may be entitled to a remedy
C)a statement of the remedy the plaintiff is seeking
D)the names of the parties
E)all of the other choices are included

Question 17

Which is the correct order of stages for a typical lawsuit:

A)discovery,pleadings,pretrial,trial,appeals
B)pleadings,pretrial,discovery,trial,appeals
C)pretrial,pleadings,discovery,trial,appeals
D)discovery,pretrial,trial,pleadings,appeals
E)none of the other choices are correct

Question 18

The first thing the plaintiff must do to begin the litigation process is:

A)give notice to the defendant by service of process
B)request a pre-trial hearing before a judge
C)serve the defendant with the complaint
D)make a motion for a pleading
E)none of the other choices are correct

Question 19

A complaint is a formal statement that:

A)informs the defendant that he is being sued
B)informs the plaintiff that he must appear in court
C)details the agreement between the plaintiff and his lawyer
D)sets forth the plaintiff's claim against the defendant
E)sets forth the defendant's claim against the plaintiff

Question 20

A judicial system that requires parties to represent themselves and argue their positions before a neutral court is referred to as:

A)an adversary system of justice
B)an aversive system of justice
C)an adversarial system of justice
D)a complex system of justice
E)none of the other choices are correct

Question 21

A defendant must file a responsive pleading to a complaint filed by a plaintiff.The defendant is most likely to file which of the following in response to the complaint:

A)a motion for judgment on the pleadings
B)a motion to dismiss
C)a motion for a directed verdict
D)a motion j.n.o.v.
E)all of the other choices would be proper at this time

Question 22

A defendant is allowed to file a motion to dismiss a plaintiff's complaint,but which of these would not be appropriate to file:

A)the court does not have jurisdiction over the subject matter
B)the court does not have jurisdiction over the defendant
C)there was not proper service of the complaint
D)the plaintiff failed to state a claim for which the law provides a remedy
E)all of the above choices are possibly appropriate

Question 23

The defendant's reply to the complaint,in which the defendant admits or denies the allegations,is known as:

A)a rebuttal
B)a request for hearing
C)a countercomplaint
D)a motion to admit
E)none of the other choices are relevant

Question 24

Following service of the plaintiff's complaint,defendant would not file which of the following:

A)a deposition
B)a motion to dismiss
C)an answer with an affirmative defense
D)a counterclaim
E)all of the other choices are possible

Question 25

A defendant must file a responsive pleading to a complaint filed by a plaintiff.The defendant is most unlikely to file which of the following in response to the complaint:

A)a counterclaim
B)a motion to dismiss
C)a request for admissions
D)an answer
E)all of the other choices would be proper at this time

Question 26

A defendant must file a responsive pleading to a complaint filed by a plaintiff.The defendant may file which of the following:

A)a counterclaim
B)a motion to dismiss
C)an answer
D)all of the specific choices are possible
E)none of the specific choices are proper at this stage of the proceedings

Question 27

Following service of the plaintiff's complaint,defendant:

A)must file a responsive pleading
B)may file a motion to dismiss
C)may file an answer with an affirmative defense
D)may only file a counterclaim
E)all of the other choices are possible

Question 28

An allegation by the defendant that that the law furnishes no remedy for plaintiff's claimed injury is known as:

A)a detriment
B)a motion to rescind for failure to state a claim
C)a demurrer
D)a motion to dismiss for failure of evidence
E)none of the other choices are correct

Question 29

A defendant is allowed to file a motion to dismiss a plaintiff's complaint for the purpose of claiming which of the following:

A)the court does not have jurisdiction over the subject matter
B)the court does not have jurisdiction over the defendant
C)there was not proper service of the complaint
D)the plaintiff failed to state a claim for which the law provides a remedy
E)all of the above choices are possibilities

Question 30

Statements alleging the essential facts necessary for the court to take jurisdiction are included in the ________________.

A)complaint
B)summons
C)compliance documents
D)complied case files
E)evidence statement

Question 31

The complaint is a statement that sets forth the plaintiff's claim against the defendant.It contains statements:

A)alleging the essential facts necessary for the court to take jurisdiction
B)of the facts necessary to claim that the plaintiff is entitled to remedy
C)of the remedy the plaintiff is seeking
D)all of the other specific choices are correct
E)none of the other specific choices are correct

Question 32

Statements of the facts necessary to claim that the plaintiff is entitled to remedy are included in the ________________.

A)complaint
B)summons
C)compliance documents
D)official court statement
E)responsive statement

Question 33

An allegation by the defendant that that the law furnishes no remedy for plaintiff's claimed injury is known as:

A)a motion to dismiss for failure to state a claim
B)a motion to rescind for failure to state a claim
C)a motion to resign for failure to state a claim
D)a motion to dismiss for failure of evidence
E)a motion to call for failure of evidence

Question 34

Statements of the remedy that the plaintiff is seeking are included in the:

A)complaint
B)summons
C)compiled case files
D)service of procedure
E)defendant statement

Question 35

If a defendant does not respond to the plaintiff's complaint the court will:

A)presume the claims of the plaintiff are true and grant the plaintiff the relief requested in the complaint
B)presume the claims of the plaintiff are false and not grant the plaintiff the relief requested in the complaint
C)presume the claims of the defendant are false and not grant the plaintiff the relief requested in the complaint
D)presume the defendant is dead and not grant the plaintiff the relief requested in the complaint
E)none of the other choices are correct

Question 36

The defendant's reply to the complaint,in which the defendant admits or denies the allegations,is known as:

A)a rebuttal
B)an answer
C)a countercomplaint
D)a motion to admit
E)a request for hearing

Question 37

An allegation by the defendant that that the law furnishes no remedy for plaintiff's claimed injury is known as:

A)a motion to call for failure of evidence
B)a motion to rescind for failure to state a claim
C)a motion to resign for failure to state a claim
D)a motion to dismiss for failure of evidence
E)none of the other choices are correct

Question 38

Which is not a stage in a typical lawsuit?

A)pretrial
B)pleadings
C)repose
D)discovery
E)trial

Question 39

If a defendant does not respond to the plaintiff's complaint the court will:

A)presume the claims of the plaintiff are false and grant the defendant the relief requested in the complaint
B)presume the claims of the plaintiff are false and not grant the plaintiff the relief requested in the complaint
C)presume the claims of the defendant are false and not grant the plaintiff the relief requested in the complaint
D)presume the defendant is dead and not grant the plaintiff the relief requested in the complaint
E)none of the other choices are correct

Question 40

The motion to dismiss for failure to state a claim or cause of action (a demurrer)is an allegation by the:

A)plaintiff that the defendant has no possible defense
B)defendant that the law furnishes no remedy for plaintiff's claimed injury
C)defendant that the complaint lacks true facts
D)defendant that the court does not have proper jurisdiction over the case
E)none of the other choices are correct

Question 41

The reply in the pleading process is a legal response to the:

A)complaint
B)service of process
C)counterclaim
D)demurrer
E)none of the other choices

Question 42

Which of the following is an example of an affirmative defense:

A)stare decisis
B)in rem jurisdiction
C)contributory negligence
D)all of the other specific choices are correct
E)none of the other specific choices are correct

Question 43

The purpose of the pleadings is to:

A)notify each of the parties of the claims and defenses of each other
B)limit the evidence to the agreed upon items
C)determine if a jury will be used
D)none of the other choices are correct
E)all of the other specific choices are correct

Question 44

The purpose of the pleadings is to:

A)notify each of the parties of the claims and defenses of each other
B)focus the issues
C)help remove surprise from the resolution of the dispute
D)establish some facts in the case
E)all of the other specific choices are correct

Question 45

A counterclaim is:

A)the denial by the defendant of the plaintiff's complaint
B)an additional claim by the plaintiff added on the original complaint
C)the defendant's claim against the plaintiff
D)the same as a demurrer
E)none of the other choices

Question 46

In an affirmative defense:

A)the defendant admits to the facts claimed by the plaintiff,but offers additional facts
B)the defendant denies all the facts claimed by the plaintiff
C)the defendant does not respond
D)the defendant hires a special lawyer
E)none of the other choices are correct

Question 47

A counterclaim is:

A)the denial by the defendant of the plaintiff's complaint
B)an additional claim by the plaintiff added on the original complaint
C)a request for a judgment notwithstanding the verdict
D)the same as a demurrer
E)none of the other choices

Question 48

Which of the following is an example of an affirmative defense:

A)self-defense
B)assumption of risk
C)contributory negligence
D)all of the other specific choices are correct
E)none of the other specific choices are correct

Question 49

If a defendant makes a claim against a plaintiff,in response to the plaintiffs complaint against the defendant,the plaintiff responds by providing:

A)an answer
B)an interrogatory
C)a counterclaim
D)a demurrer
E)none of the other choices

Question 50

In the pleading known as the ____________,the defendant will admit,deny,or say that it does not know the truth,with respect to each assertion of the plaintiff.

A)rebuttal
B)counterpoint
C)response
D)recall
E)none of the other choices are correct

Question 51

If a defendant makes a claim against a plaintiff,in response to the plaintiffs complaint against the defendant,the plaintiff responds by providing:

A)an answer
B)a reply
C)a counterclaim
D)a demurrer
E)none of the other choices

Question 52

If,in response to a plaintiff's assertions,a defendant asserts that the plaintiff owes the defendant money,the defendant has made a:

A)demurrer
B)summons
C)affirmative defense
D)counterclaim
E)motion for judgment n.o.v.

Question 53

Which of the following is an example of an affirmative defense:

A)stare decisis
B)in rem jurisdiction
C)assumption of risk
D)all of the other specific choices are correct
E)none of the other specific choices are correct

Question 54

In an affirmative defense:

A)the plaintiff admits to the facts claimed by the defendant,but offers additional facts
B)the defendant denies all the facts claimed by the plaintiff
C)the defendant does not respond
D)the defendant hires a special lawyer
E)none of the other choices are correct

Question 55

If a defendant answering a complaint admits to the plaintiff's allegations but asserts additional facts that constitute a defense to the complaint,the defendant has asserted:

A)a counterclaim
B)an affirmative defense
C)a pleading
D)an answer
E)none of the other choices

Question 56

In the pleading known as the ____________,the defendant will admit,deny,or say that it does not know the truth,with respect to each assertion of the plaintiff.

A)rebuttal
B)answer
C)response
D)recall
E)counterpoint

Question 57

A defendant may make a counterclaim against the plaintiff:

A)based on the same events the plaintiff bases the complaint on
B)only if it involves different events than those the plaintiff bases the complaint on
C)only if the plaintiff agrees
D)only if the court doubts the plaintiff
E)none of the other choices are correct

Question 58

If a defendant answering a complaint admits to the plaintiff's allegations but asserts additional facts that constitute a defense to the complaint,the defendant has asserted:

A)a counterclaim
B)a deposition
C)a pleading
D)a reply
E)none of the other choices

Question 59

After the initial exchange of pleadings,litigation enters the:

A)diversified stage
B)complaint stage
C)processing stage
D)discovery stage
E)result stage

Question 60

Which of the following is an example of an affirmative defense:

A)stare decisis
B)in rem jurisdiction
C)self-defense
D)all of the other specific choices are correct
E)none of the other specific choices are correct

Question 61

Depositions:

A)are taken before trial,during discovery
B)are taken before trial,during discovery,but may not be taken from the defendant herself
C)are taken before trial or during trial
D)may only be taken once trial has commenced
E)are taken during preparation for appeals

Question 62

The purpose of the discovery stage before trial is to:

A)retain an element of surprise in the litigation process
B)determine if there is a claim that the law can address
C)encourage pretrial settlements
D)determine who the plaintiff will be
E)none of the other choices

Question 63

Depositions can be useful in challenging a witness who:

A)does not appear in court
B)changes his story at the trial
C)refuses to respond to cross-examination
D)calls the plaintiff a liar
E)none of the other choices are correct

Question 64

The discovery state in the trial process is intended for the:

A)parties to have time to present their sides of the case to the judge,who discovers the truth
B)parties to have time to present their sides of the case to the jury,so it can discover the truth
C)judge to have a chance to review the arguments before they make them before the jury
D)parties to obtain information about the facts before the trial starts
E)all of the other choices are correct

Question 65

Which of the following is not a discovery tool used for obtaining information from the opposing party?

A)depositions
B)written interrogatories
C)requests for admissions
D)mental examinations
E)all of the other choices are discovery tools

Question 66

Which of the following is not a typical tool of the discovery process in civil litigation:

A)interrogatories
B)wiretaps
C)orders for production of documents and requests for admissions
D)orders for a mental or physical examination
E)all of the other choices are used

Question 67

According to the Federal Rules of Civil Procedure,a party seeking information must use a discovery tool that:

A)imposes significant burdens on the other party
B)has a historical basis in Roman law
C)the other party approves of before hand
D)the bailiff approves of
E)none of the other choices are correct

Question 68

Depositions,written interrogatories,orders for production of documents and requests for admissions are all examples of:

A)the tools of discovery
B)the tools of evidence
C)the tools of interrogation
D)the tools of trial
E)none of the other choices are correct

Question 69

Sworn testimony,outside of the courtroom,of a witness recorded by a court official is a:

A)request for admission
B)production of testimony
C)discovery testimonial
D)demurrer of oath
E)none of the other choices are correct

Question 70

The process of obtaining information about the dispute is known as:

A)processing
B)discovery
C)pretrial informing
D)counterclaim informing
E)counterclaim justification

Question 71

The _______________ stage of a trial helps to preserve the testimony of witnesses whose memory may fade over time.

A)discovery
B)distant
C)recorded
D)written
E)recorded testimony

Question 72

Depositions are:

A)sworn,in-person testimony of a witness recorded by a court reporter
B)questionable,in-person testimony of a witness recorded by a court reporter
C)sworn,in-person testimony of a witness recorded by a friend
D)testimony of a witness written in response to questions
E)none of the other choices are correct

Question 73

Sworn testimony,outside of the courtroom,of a witness recorded by a court official is a:

A)request for admission
B)production of testimony
C)discovery testimonial
D)deposition
E)demurrer of oath

Question 74

According to the Federal Rules of Civil Procedure,a party seeking information must use a discovery tool that:

A)imposes significant burdens on the other party
B)is not "unduly burdensome" to the other party
C)the other party approves of before hand
D)the bailiff approves of
E)has a historical basis in Roman law

Question 75

The purpose of the discovery stage before trial is to:

A)prevent surprises at trial
B)preserve evidence of witnesses who might not be available for trial
C)encourage pretrial settlements
D)narrow the range of claims being made
E)all of the other choices may be correct

Question 76

The specific tools of discovery include:

A)depositions
B)written interrogatories
C)orders for production of documents and requests for admissions
D)orders for a mental or physical examination
E)all of the other choices are correct

Question 77

Criminal cases differ from civil cases in that:

A)criminal trials typically have only one defendant
B)criminal trials have more discovery than civil trials
C)criminal trials are always held within a year of the alleged crime taking place
D)criminal trials have very little discovery
E)none of the other choices are correct

Question 78

The process of obtaining information about the dispute is known as:

A)processing
B)counterclaim justification
C)pretrial informing
D)counterclaim informing
E)none of the other choices are correct

Question 79

The discovery state in the trial process prevents a:

A)"trial by ambush"
B)"trial by surprise"
C)"trial by interrogation"
D)"trial by treachery"
E)"trial by chicanery"

Question 80

Without the discovery state in the trial process,evidence presented in the trial could:

A)prevent the defendant from hiring a lawyer
B)catch opposing parties by surprise
C)anger the plaintiff
D)insult the defendant
E)falsely represent the defendant