Deck 4: Litigation

Question 1

Standing to sue depends upon the merits of a plaintiff's contention that particular conduct is illegal.

Answer 1

False
Explanation: It is very important to note that standing to sue does not depend upon the merits of a plaintiff's contention that particular conduct is illegal. The presence of standing is determined by the nature and source of the plaintiff's allegations.

Question 2

Statutes that provide for the service of process beyond state boundaries are referred to as long-arm statutes.

Answer 2

True
Explanation: Long-arm statutes provide for the service of process beyond state boundaries. Such statutes are valid and constitutional if they provide a defendant with due process of law.

Question 3

In a deposition,a lawyer orally asks questions of the possible witness and an oral response is given.

Answer 3

True
Explanation: In a deposition, a lawyer orally asks questions of the possible witness and an oral response is given. All of the spoken words are recorded by a court reporter, and a written transcript is prepared.

Question 4

The person against whom a criminal charge is filed by the prosecuting state is called the respondent.

Question 5

Discovery procedures are intended to be used by the parties to litigation strictly under a court's direct supervision.

Question 6

When a defendant wants to sue a plaintiff,the defendant files a counterclaim.

Question 7

The discovery process narrows the issues disputed by the parties involved in a lawsuit.

Question 8

A statute of limitations determines the maximum amount of money for which a plaintiff can sue.

Question 9

Typically,the least expensive method of discovery is to present a series of written questions to the opposing parties.

Question 10

The presence of standing to sue is determined by the nature and source of a plaintiff's allegations.

Question 11

At the federal level,the Supreme Court encourages class-action suits.

Question 12

The only way for a court to obtain personal jurisdiction over a defendant is to have that person served with a summons.

Question 13

Each state has prescribed a time limit after which a suit cannot be filed,called a statute of limitations.

Question 14

Through the standing-to-sue requirements,courts are able to insist that there be an adversarial relationship between plaintiff and defendant.

Question 15

Class-action suits in federal courts are most likely to be settled on a classwide basis only if the settlement's terms are fair and equitable and only if all of the class certification requirements for trial have been met.

Question 16

After receiving an answer that contains one or more counterclaims,a plaintiff files a reply that specifically admits or denies each allegation of a defendant's counterclaims.

Question 17

Long-arm statutes do not authorize out-of-state service of process in all cases.

Question 18

Defendants usually bring in third-party defendants when there is someone who may have liability to a defendant if the defendant has liability to a plaintiff.

Question 19

Discovery procedures lessen the burden on the judicial system.

Question 20

Personal jurisdiction over a defendant is obtained by a court when a plaintiff files a suit.

Question 21

Following the closing arguments in a case,a judge acquaints a jury with the law applicable to the case.

Question 22

When the result of a case at the trial court level is appealed,the party appealing is usually referred to as the appellee.

Question 23

When a defendant who has been served wants to sue a plaintiff,the plaintiff becomes a _____.

A) defendant
B) counterplaintiff
C) counterdefendant
D) appellant
E) appellee

Question 24

Res judicata means that a case has been finally decided on appeal.

Question 25

The party to a case who files a civil action is called the _____.

A) defendant
B) appellee
C) plaintiff
D) appellant
E) respondent

Question 26

If one of the potential jurors is the brother of a defendant,the only way for a plaintiff to get the brother off of the jury panel is by using a peremptory challenge.

Question 27

When a defendant,upon being served,wants to sue a plaintiff,the defendant becomes a _____.

A) plaintiff
B) counterplaintiff
C) counterdefendant
D) appellant
E) appellee

Question 28

In civil cases,the clear and convincing proof standard is used more frequently.

Question 29

Rule 50 of the Federal Rules of Civil Procedure authorizes the imposition of fines for filing frivolous papers.

Question 30

The process of voir dire examination continues until all of the peremptory challenges are exhausted and a full jury panel is selected.

Question 31

A jury should treat anything said in an opening statement by an attorney as evidence when deciding the verdict of a trial.

Question 32

In jury selections,challenges for cause are also called peremptory challenges.

Question 33

In a federal court,the party who is dissatisfied with a jury's verdict is limited to filing a posttrial motion with the judge seeking a judgment notwithstanding the verdict.

Question 34

It is fairly common for both a plaintiff and defendant to attach a series of interrogatories to their respective pleadings.

Question 35

Evidence in the form of a sworn statement is called a summons.

Question 36

Each state prescribes its own appellate procedure and determines the jurisdiction of its various reviewing courts.

Question 37

Only a defendant can challenge or excuse a prospective juror for a specific cause or reason.

Question 38

A defendant may bring in new third parties as third-party defendants if he or she alleges that without the presence of these parties __________.

A) the trial cannot qualify for a judgment notwithstanding the verdict
B) the trial cannot be held in the presence of a jury
C) there cannot be a petition for a writ of certiorari
D) he or she cannot use interrogatories as a discovery method
E) there cannot be a complete determination of a controversy

Question 39

The verdict is always the final decision of a case entered by a judge.

Question 40

The party who receives the adverse judgment in a trial may file a motion for a new trial.

Question 41

Eli,a resident of New York,wants to sue Tony,a resident of Texas,for trespassing against Eli's property in New York.To obtain personal jurisdiction over Tony under a long-arm statute,the New York court must find that __________.

A) Tony has committed some kind of tort in Texas in addition to the tort in New York
B) Tony owns property in Texas that he had bought five years ago
C) the trespassing occurred in New York while Eli was there
D) Tony committed the tort in New York
E) Eli committed a tort in Texas or has property in Texas

Question 42

A _____ suit is one in which one or more plaintiffs file suit on their own behalf and on behalf of all other persons who may have a similar claim.

A) quasi-strict
B) class-action
C) small-claims
D) garnishment
E) respondent

Question 43

Standing to sue is determined __________.

A) by the filing of a motion in limine
B) at the discovery phase of the litigation
C) by the outcome of the litigation
D) at the outset of the litigation
E) using voir dire during jury selection

Question 44

For a court to hear a plaintiff's case,the plaintiff must show the court that it has _____.

A) subject matter jurisdiction
B) res ispa loquitur
C) standing to sue
D) garnishment
E) jury instructions

Question 45

Olflex Corp.files a complaint against Tenfour Corp.,and the parties are in the discovery phase of litigation.A major issue in the dispute is the wording of the original sales contract between the two corporations.In this case,to get Tenfour to present the original sales contract,Olfex is most likely to __________.

A) request for procedural due process
B) request for a trial
C) request for extradition
D) request for an admission
E) request for production of documents

Question 46

If a defendant does not respond to a complaint by the date provided in the summons in any way,the court is most likely to enter an order of _____.

A) judicial restraint
B) stare decisis
C) discovery
D) voir dire
E) default

Question 47

The process of requesting and transporting a prisoner from one state to another is called _____.

A) res judicata
B) garnishment
C) execution
D) ratio decidendi
E) extradition

Question 48

The element of standing to sue that requires a plaintiff to allege a personal stake in the resolution of a controversy prevents the plaintiff from __________.

A) asserting the rights of the general public or of a group of which he or she is not a member
B) taking advantage of discovery procedures in the determination of the controversy in the presence of third-party defendants
C) using peremptory challenges during jury selection
D) petitioning for a writ of certiorari
E) using voir dire during jury selection

Question 49

In a civil lawsuit,personal jurisdiction over a defendant is usually obtained by a notice to appear in court.This delivery of notice is referred to as __________

A) res judicata
B) a discharge
C) service of process
D) ratio decidendi
E) extradition

Question 50

For a plaintiff to establish that he or she has standing to sue,the plaintiff must allege __________.

A) a lack of subject matter jurisdiction of the court
B) a personal stake in the resolution of the controversy
C) at least $100,000 in damages as a result of the controversy
D) garnishment by the state in which the lawsuit is filed
E) extradition by the police of the state in which he or she resides

Question 51

Which of the following parties could sue to stop a merger of two companies?

A) Only the chief executive officer of the two companies' biggest competitor
B) Any competitor of either of the two companies
C) Any consumer of one of the two companies
D) Any concerned third party
E) Only a shareholder of one of the two companies

Question 52

Alan committed a felony in Delaware and returned to Minnesota,where he lives permanently.Alan has a respectable job in Minnesota and is a respected citizen there.When the Delaware police locate Alan,_____.

A) they can arrest Alan in Minnesota and transport him to Delaware because of the felony he committed in Delaware
B) he can be arrested and tried in Minnesota for the Delaware felony
C) they must obtain a standing to sue from the police of Minnesota to be allowed to arrest Alan
D) they must wait until the statute of limitations for the felony runs out
E) they must seek extradition of Alan to have him transported to Delaware

Question 53

In the context of pleadings,which of the following statements is true?

A) A defendant's response cannot contain affirmative defenses.
B) Pleadings are filed to end the litigation.
C) Pleadings can only be filed if a complaint is not filed with a court clerk.
D) A clerk of the court issues the summons to be served to a defendant.
E) A complaint contains allegations by a defendant.

Question 54

Which of the following statements is true of criminal suits?

A) Personal jurisdiction over a plaintiff is obtained by an affidavit submitted by the police.
B) A plaintiff has to establish standing to sue for a court to have personal jurisdiction over a case.
C) A defendant may agree to submit to a court's authority even though personal jurisdiction cannot be obtained.
D) A defendant cannot waive any objection to a court's exercise of personal jurisdiction.
E) A court may have jurisdiction over a case even if the crime is not committed within the state of the court that is obtaining jurisdiction.

Question 55

Which of the following statements is true of taking depositions?

A) It is the most expensive method of discovery.
B) It is the least revealing method of discovery.
C) It is the only method of discovery that uses voir dire.
D) It is the only method of discovery that uses res judicata.
E) It is the most common version of interrogatories.

Question 56

The typical long-arm statute allows a court to obtain jurisdiction over a defendant even though the process is served beyond its borders if the defendant __________.

A) files a counterclaim against a plaintiff
B) owns property within the state that is the subject matter of the lawsuit
C) has not obtained a writ of certiorari from the state in which he or she currently resides
D) has committed a tort outside the state in which the court obtaining jurisdiction is located
E) qualifies for res judicata

Question 57

If a court has original jurisdiction over some claims in a class-action suit,which of the following jurisdictions is the court most likely to exercise over additional claims that are part of the same case including those that do not independently satisfy the amount-in controversy requirement?

A) Supplemental jurisdiction
B) Personal jurisdiction
C) Diversity jurisdiction
D) Subject matter jurisdiction
E) Federal question jurisdiction

Question 58

_____,a method of discovery,are a series of written questions presented to the opposing parties.

A) Depositions
B) Pleadings
C) Summons
D) Interrogatories
E) Affidavits

Question 59

The summons,delivered to a defendant by a court official,provides the date by which a defendant must __________.

A) respond with a written pleading
B) establish standing to sue
C) request discovery
D) provide garnishment
E) file a peremptory challenge

Question 60

All persons suing a drug company,alleging injuries from a product,constitute __________.

A) the counterplaintiffs in a counterclaim.
B) a class for a tort action.
C) the plaintiffs in a counterclaim.
D) a motion in limine.
E) a motion for summary judgment.

Question 61

For criminal cases,the burden of proof is described as _____.

A) beyond a reasonable doubt
B) preponderance of the evidence
C) clear and convincing proof
D) a judgment on the pleadings
E) judgment notwithstanding the verdict

Question 62

A _____ is entered in favor of the party that won a jury's decision if a judge agrees with the decision of the jury.

A) verdict
B) judgment
C) stare decisis
D) res judicata
E) deposition

Question 63

The usual rule in the scope of discovery is that the information sought in discovery is discoverable and an objection is overruled as long as the information __________.

A) will lead to evidence admissible during a trial
B) will be indicative of guilt or innocence of a party in a trial
C) is a clear and convincing evidence of negligence
D) will be important enough to both of the disputing parties during a trial
E) is protected by lawyer-client confidentiality

Question 64

Maria has been sued in federal court by her former roommate,Theresa,who is a lawyer.Maria and her lawyer look at the complaint and see that it is vindictive and lacks any legitimate claims.Maria's lawyer determines that Theresa is merely bullying Maria and that the lawsuit is frivolous.In this case,Theresa is most likely to be __________.

A) arrested after the statute of limitations runs out
B) extradited if a motion in limine is filed
C) sanctioned under Rule 11 of the Federal Rules of Civil Procedure
D) extradited if a motion for judgment notwithstanding the verdict is filed
E) disciplined under Rule 37 of the Uniform Commercial Code

Question 65

In the pretrial phase of litigation,if a party fails to produce relevant,requested evidence,the party seeking the information is most likely to __________.

A) file a request for an admission
B) request for a voir dire examination
C) file a motion to compel discovery
D) file a motion for a summary judgment
E) file a petition for a writ of certiorari

Question 66

Which of the following is part of the pretrial procedure?

A) Delivering opening statements
B) The process of jury selection
C) The voir dire examination
D) The res judicata examination
E) The discovery process

Question 67

When deciding on a jury panel,either party in a lawsuit can challenge or excuse a prospective juror on the basis of the juror's _____.

A) race
B) gender
C) lack of bias toward a case
D) ethnicity
E) relationship to the opposing party

Question 68

A police officer pulls over Megan for speeding.Despite being cooperative,non-threatening,and sober,the police officer orders her to get out of the car and frisks her.He finds a small packet of marijuana in her pocket.This search and seizure is illegal.After she is arrested,her attorney wants to suppress the discovery of marijuana in Megan's possession as the search by the police officer was illegal.In this case,Megan's attorney is most likely to file a __________.

A) motion for a directed verdict
B) motion for a summary judgment
C) motion to dismiss for failure to state a cause of action
D) motion in limine
E) motion for a judgment on the pleadings

Question 69

In the case of J.E.B.v.Alabama,the U.S.Supreme Court banned _____ in jury selection.

A) gender discrimination
B) religious discrimination
C) racial discrimination
D) discrimination on the basis of national origin
E) discrimination on the basis of political affiliation

Question 70

When a party asks a judge to base a decision of a case on the pleadings and affidavits provided there are no material disputed issues of fact,the party is most likely to be filing a motion for _____.

A) summary judgment
B) a judgment on the pleadings
C) judgment as a matter of law
D) a general demurrer
E) directed verdict

Question 71

_____,made by a lawyer in a trial,familiarizes a jury with the essential facts that each side expects to prove.

A) A deposition
B) An opening statement
C) Res judicata
D) A summation
E) Voir dire

Question 72

Angelo files a lawsuit against Franz alleging that Franz damaged his property.Esther,a judge,has reviewed the case and believes that the lawsuit between Angelo and Franz completely lacks any merit.She is convinced that the suit should not continue.In this case,Esther is most likely to __________.

A) file a motion for judgment on the pleadings
B) seek to withdraw the court summons
C) terminate the litigation process on her own initiative
D) wait until Franz files a motion to terminate the litigation process
E) file a request for admission

Question 73

A lawsuit that is totally lacking in merit is said to be _____.

A) consequential
B) peremptory
C) dogmatic
D) cognizable
E) frivolous

Question 74

If a prospective juror admits bias favoring one of the parties to a trial,that person is most likely to be excused for __________.

A) peremptory challenge
B) cause
C) discovery
D) lack of standing
E) being respondent

Question 75

After a plaintiff has presented his or her evidence in a trial,a defendant may make a motion for _____,which is granted if the evidence,taken in the light most favorable to the plaintiff,establishes as a matter of law that the defendant is entitled to a verdict.

A) voir dire
B) res judicata
C) summary judgment
D) directed verdict
E) peremptory challenge

Question 76

In Batson v.Kentucky,the U.S.Supreme Court outlawed discrimination on the basis of _____ in jury selection.

A) gender
B) religious preference
C) race
D) political affiliation
E) intelligence

Question 77

Terrell files a complaint against Chad for negligence with the court clerk.After Terrell receives an answer from Chad in response to the summons,Terrell believes that he can win based solely on his original complaint and Chad's answer.In this case,Terrell is most likely to file a __________.

A) motion for a directed verdict
B) motion to dismiss for failure to state a cause of action
C) motion in limine
D) motion for a summary judgment
E) motion for a judgment on the pleadings

Question 78

Which of the following statements is true of peremptory challenges?

A) The number of peremptory challenges allowed varies from court system to court system.
B) The number of peremptory challenges cannot vary between the parties to a lawsuit.
C) The court has always allowed peremptory challenges to be used to strike prospective jurors on the basis of gender.
D) A cause or reason must always be given to use a peremptory challenge.
E) The number of peremptory challenges is the same across all types of cases within a court.

Question 79

In civil cases,the _____ standard is achieved when there is greater weight of evidence in support of a proposition than there is against it.

A) clear and convincing proof
B) beyond a shadow of a doubt
C) preponderance of evidence
D) beyond a reasonable doubt
E) beyond all doubt

Question 80

In the pretrial phase of litigation,the argument used by a defendant to dismiss a suit on the basis of expiration of the time limit during which the defendant is subject to suit is usually referred to as _____.

A) statute of limitations
B) res judicata
C) voir dire
D) request for peremptory challenge
E) summary judgment