Deck 3: Litigation

Question 1

A single claim can cover multiple violations of the law so long as there is only one defendant and one plaintiff.

Answer 1

False

Question 2

The party that files the lawsuit in a criminal case is called the plaintiff.

Answer 2

False

Question 3

Multiple homeowners joining together in pursuing a claim against a company for damages caused by a gasoline spill would be an example of a joinder.

Answer 3

True

Question 4

A grand jury determines guilt or innocence in a criminal trial.

Question 5

An attorney's first duty is to his/her client under all circumstances.

Question 6

An attorney must represent his/her client zealously.

Question 7

One of the grand jury's jobs is to determine whether there is probable cause to believe that a crime has occurred and whether it's more likely than not that the defendant in question committed the crime.

Question 8

Most foreign jurisdictions follow the United States in making law a graduate program of study.

Question 9

Abraham Lincoln was warning against the concept of sua sponte when he famously said that "he who represents himself has a fool for a client."

Question 10

An attorney may lose the privilege to practice law by recklessly accusing a judge of violating the Judicial Code of Conduct.

Question 11

Judges rarely act on a motion filed by either party asking the judge to make a particular decision.

Question 12

California and Florida allow attorneys to practice in both states without forcing them to sit for an additional bar exam through a process known as reciprocity.

Question 13

The rules of professional conduct for lawyers almost always involve external enforcement mechanisms.

Question 14

An attorney who becomes aware that his or her client intends to commit perjury is required to remain quiet about the act due to attorney-client privilege.

Question 15

An email sent from an employee to an in-house attorney is protected even more vehemently through attorney-client privilege.

Question 16

A counterclaim is pursued by the plaintiff in case against the defendant,and argues the same claim,except with a counter set of circumstances.

Question 17

The party carrying the burden of proof sits closest to the jury in a courtroom.

Question 18

An attorney would be expected to release publicly the emails of his client if they confirmed his or her guilt.

Question 19

The party that responds to a civil or criminal complaint is called the defense.

Question 20

The parties in litigation are also known as litigants.

Question 21

In high-profile cases,it is easy to find citizens who are impartial about the case.

Question 22

A noncustodial parent has no standing to file a lawsuit against the government concerning their children's activities.

Question 23

An employer must continue to pay workers full pay while they are on jury duty.

Question 24

A case proven to have standing is the same as a finding for the plaintiff.

Question 25

Business executives are exempt from jury duty if it interferes with their jobs.

Question 26

As per a 2007 Supreme Court judgment,states have a standing in carbon dioxide emission since they suffer environmental degradation.

Question 27

The most expensive form of discovery is called an interrogatory.

Question 28

When there are a large number of plaintiffs,several lead plaintiffs can form a class in a class action lawsuit against the defendants.

Question 29

Taxpayers generally do not have standing to challenge government expenditures.

Question 30

Discovery is designed to prevent trial by surprise.

Question 31

Standing requires that a case be brought at the right time and by the right person.

Question 32

Argumentative persuasion is not permitted during closing arguments.

Question 33

An artist who has brought a claim against a gallery for failure to provide appropriate lighting during a recent exhibit as guaranteed in a contract)would have standing to litigate.

Question 34

The work product doctrine protects materials prepared in anticipation of litigation from disclosure during discovery.

Question 35

An affidavit is never given under oath.

Question 36

Both parties in a lawsuit are obligated to turn over material that supports their own case,without demand from the other side.

Question 37

The least expensive form of discovery is called a deposition.

Question 38

Standing is a statutory requirement that Congress can eliminate.

Question 39

A stipulation is an agreement made between opposing parties in litigation.

Question 40

Courts can issue injunctions if they find that irreparable harm may otherwise result.

Question 41

Individuals who represent themselves are called _____ litigants and can only proceed so if the judge overseeing the case allows it.

A)pro se
B)sua sponte
C)in-house counsel
D)petit jury
E)lead plaintiff

Question 42

The Environmental Protection Agency EPA)argued that the global warming case brought by Massachusetts should be dismissed because of:

A)lack of standing
B)lack of subject matter jurisdiction
C)lack of personal jurisdiction
D)lawsuit barred by statute
E)improper pleading

Question 43

A case that involves a plaintiff claiming that injury will come from a law if it is passed would be considered:

A)dismissive
B)irrelevant
C)moot
D)unripe
E)disputable

Question 44

Personal jurisdiction requires litigants to have some form of _____ with the state where the case is filed.

A)res judicata
B)voir dire
C)minimum contacts
D)writ of certiorari
E)sua sponte

Question 45

The procedure to give legal notice to a litigant that a court is exercising personal jurisdiction over that person is called:

A)voir dire
B)motion for answer
C)service of process
D)discovery
E)peremptory

Question 46

The Lynne Stewart case involved a lawyer accused of aiding in acts of:

A)fraud
B)assault
C)terrorism
D)libel
E)torture

Question 47

Courts are legally required to pay _____ to jurors serving on jury duty.

A)a juror's ordinary pay
B)50 percent of a juror's ordinary pay
C)a juror's living expenses
D)no specific amount
E)typically less than $20 per day,to cover food and transportation costs

Question 48

Which of the following professions does NOT automatically exempt citizens from jury duty?

A)Active-duty soldiers
B)Police officers
C)Firefighters
D)Public officers
E)Teachers

Question 49

A peremptory challenge can be used to remove a juror based on gender.

Question 50

The rules of professional conduct for attorneys are drafted and enforced by:

A)The Supreme Court
B)United States Attorney.
C)Organizations external to the adjudicating bar.
D)FBI.
E)The bar itself

Question 51

Attorney-client privilege would be invoked in which of the following scenarios:

A)A husband,who is an attorney,refuses to disclose information shared with him by his wife in a confidential email..
B)A physician refuses to reveal whether his patient is truly amnesiac.
C)An attorney refusing to disclose an admission of guilt provided by his client during a conversation in his office.
D)A rabbi refusing to disclose the crime confessed to him by a penitent
E)A district attorney refusing to turn over evidence that he knows will cause the government to lose a case against a serial polluter.

Question 52

In a courtroom,who among the following would sit closest to the jury during a civil trial?

A)Legal counsel for a company being sued for negligence.
B)A government attorney bringing suit against a company accused of polluting a city's water supply.
C)The attorney for a plaintiff accusing his business partner of fraud.
D)An attorney defending his client against murder charges.
E)The individuals who will later be called in as expert witnesses.

Question 53

Which of the following is a doctrine that limits judicial overreach by circumscribing the types of cases that are litigated in our courts?

A)Standing
B)Voir dire
C)Personal jurisdiction
D)Subject matter jurisdiction
E)Peremptory

Question 54

Res judicata prevents the re-litigation of issues and claims already finally determined.

Question 55

Which of the following is true about a petit jury?

A)There are typically twelve members in a petit jury in criminal trials.
B)It does not determine guilt or innocence.
C)It is a body of citizens examining whether someone accused of a crime should be formally charged.
D)It serves as a procedural step to prevent prosecutors from abusing their powers of arrest and indictment.
E)The petit jury requirement exists at the federal level and in some,but not all,states.

Question 56

In the United States,lawyers undertake three years of graduate study resulting in the award of the:

A)Magister Juris degree
B)Legum Doctor degree
C)Juris Doctorate degree
D)Scientiae Juridicae Doctor degree
E)voir dire degree

Question 57

The act of allowing third-party defendants to be joined in litigation is called:

A)Interpleading
B)interlocutory
C)joinder
D)unity
E)pro se

Question 58

If a lawyer is dealing with an issue that takes him/her out of state to litigate a case,he/she can ask to be admitted temporarily by a court in that foreign state through a motion called:

A)for cause
B)injunction
C)request for admission
D)pro hac vice
E)open-door policy

Question 59

A court acting without a direct request from a party is acting:

A)pro se
B)bona fide
C)res ipsa loquitur
D)sua sponte
E)pro hac vice

Question 60

A physician refusing to disclose the true nature of his patient's illness during a civil litigation would be exercising:

A)Attorney-client privilege
B)Spousal privilege
C)Doctor-patient privilege
D)Priest-penitent privilege
E)Social media privilege

Question 61

Examination through questioning of a witness called by the opposing side is termed:

A)direct examination
B)cross-examination
C)preponderance of the evidence
D)res judicata
E)a directed verdict

Question 62

Which of the following does NOT justify a statute of limitations?

A)Witnesses get old or forget
B)Evidence is lost
C)Companies need to close their books on past liabilities
D)The accused is absconding
E)Witnesses move or cannot be located

Question 63

A challenge to a juror without giving a reason is called a:

A)challenge for cause
B)peremptory challenge
C)voir dire challenge
D)Batson challenge
E)J.E.B.challenge

Question 64

After pleadings are filed,litigation moves into the _____ phase.

A)trial
B)discovery
C)appeal
D)spoliation
E)motions

Question 65

An order by a court to a party to do something or stop doing something is known as an):

A)preventive measure
B)class-action
C)injunction
D)memorandum
E)restitution

Question 66

A remedy that requires complete performance in a breach,rather than monetary damages is known as:

A)nominal performance
B)specific performance
C)punitive performance
D)voir dire
E)restitution

Question 67

An)_____ discovery refers to written questions posed by a party to another party.

A)affidavit
B)interrogatory
C)request for admission
D)deposition
E)request for production

Question 68

A motion made by a defendant arguing that no reasonable juror could possibly find in favor of the prosecution or plaintiff after hearing the evidence presented so far is called:

A)motion for expedited decision
B)motion for judgment on the pleadings
C)motion to dismiss
D)motion for a directed verdict
E)motion for summary judgment

Question 69

State laws that set forth the procedure by which out-of-state defendants can be required to appear before a local court are called:

A)provisions.
B)ordinances.
C)regulations.
D)long-arm statutes.
E)orders and proclamations.

Question 70

Jury nullification occurs when a jury:

A)cannot arrive at a decision
B)willingly ignores the law to achieve an equitable result
C)member discloses the details of the case to the media
D)member is absent during the case
E)member is biased toward one of the involved parties

Question 71

Which is the most expensive form of discovery?

A)Interrogatories
B)Requests for admission
C)Depositions
D)Requests for production
E)Spoliation

Question 72

The statute of limitations for murder is:

A)one year
B)five years
C)ten years
D)fifteen years
E)exempted from time limits

Question 73

Failure to preserve and produce key evidence in litigation can lead to charges of:

A)spoliation
B)novation
C)dismissal
D)abuse of process
E)infraction

Question 74

The process of selecting a petit jury is called:

A)jury nullification
B)voir dire
C)fungible
D)jury grouping
E)res judicata

Question 75

Identify the correct statement about the trial and appeal process.

A)Attorneys do not make any arguments during the opening statement; they simply lay out what jurors can expect from the trial ahead.
B)The side calling the witness in a trial conducts a cross-examination,while the opposing side conducts a direct examination.
C)A party can make a for cause challenge against a juror,without giving any reason for the challenge.
D)Once the prosecution rests its case,the defendant may make a motion for a directed verdict,which can be made only during the trial after the jury returns a verdict.
E)The burden of proof in a criminal case is "preponderance of evidence," while the burden of proof in a civil case is "beyond a reasonable doubt."

Question 76

An agreement made between opposing parties in litigation is called an):

A)impeachment
B)deposition
C)stipulation
D)toll
E)answer

Question 77

A judicial order declaring a winner on the merits of a case is called an):

A)impeachment
B)declaratory judgment
C)injunction
D)memorandum
E)summary judgment

Question 78

A motion for a judge to rule on a case based solely on the answer and complaint is called:

A)motion for expedited decision
B)motion for judgment on the pleadings
C)motion to dismiss
D)motion for a directed verdict
E)motion for summary judgment

Question 79

If a defendant does not answer the complaint,what is the result?

A)Default judgment against defendant
B)Case dismissed
C)Bench arrest warrant issued against defendant
D)Automatic 30-day stay granted to defendant
E)Automatic 60-day stay granted to defendant

Question 80

_____ refers to a sworn oral statement,in response to questions,given by a potential witness in a trial to the attorneys in the case.

A)Infraction
B)Deposition
C)Removal
D)Fabrication
E)Spoliation