Deck 7: Procedure in Civil Cases

Question 1

The appropriateness of the venue may be challenged by a motion based on

A) forum non conveniens .
B) subject matter jurisdiction.
C) quasi in rem .
D) judicial prejudice.

Answer 1

A

Question 2

A motion _______ will be granted if the judge finds as a matter of law that the verdict is against the manifest weight of the evidence.

A) n.o.v.
B) for directed verdict
C) for summary judgment
D) for a new trial

Answer 2

A

Question 3

_______ service refers to process being served to someone other than the defendant, such as a relative living at the defendant's abode.

A) Publication
B) Substituted
C) Personal
D) Vicarious

Answer 3

B

Question 4

If a plaintiff in a jury trial does not make a prima facie case, the judge should grant a _______ to the defense.

A) motion for judgment n.o.v.
B) summary judgment
C) collateral estoppel
D) motion for a directed verdict

Question 5

_______ bars a party from bringing a civil suit twice on the same issue against the same party.

A) Double jeopardy
B) The abstention doctrine
C) Res judicata
D) Promissory estoppel

Question 6

The process by which the jury is selected is called

A) venire .
B) subpoena duces tecum .
C) voir dire .
D) coup de grace .

Question 7

When a defendant personally appears in court, this may be construed as submission to jurisdiction, but the defendant may enter a _______ solely for the purpose of contesting personal jurisdiction.

A) waiver of jurisdiction
B) special appearance
C) denial
D) stipulation

Question 8

In the case of Wyman v. Newhouse , the plaintiff induced the defendant to come to Florida to

A) obtain subject matter jurisdiction.
B) satisfy the requirements of the long-arm statute.
C) make personal service.
D) have defendant arrested.

Question 9

Attorneys may submit written questions to be answered by the opposing party called

A) depositions.
B) requests for submissions.
C) interrogatories.
D) request for admissions.

Question 10

In the common law, the purpose of responsive pleading was to

A) maximize judicial participation.
B) allow for pretrial discovery.
C) prepare for the pretrial hearing.
D) focus the lawsuit on a single issue.

Question 11

Courts generally have jurisdiction over real and personal property located within their territory, referred to as _______ jurisdiction.

A) in rem
B) in personam
C) subject matter
D) quasi in rem

Question 12

_______ refers to pretrial devices for obtaining information from the opposing side relevant to the suit.

A) Inquest
B) Pretrial process
C) Discovery
D) Preliminary inquiry

Question 13

_______ refers to the place where jurisdiction is exercised and concerns the question of which court within a system should be the place where jurisdiction is exercised.

A) Standing
B) Personal jurisdiction
C) Venue
D) Lex fori

Question 14

The plaintiff must file a _______ where the defendant has made a counterclaim.

A) reply
B) cross-claim
C) rejoinder
D) rebuttal

Question 15

An attorney who wishes to exclude a juror because of a prejudice makes a

A) challenge for cause.
B) peremptory challenge.
C) challenge for bias.
D) motion to disqualify.

Question 16

The "wherefore" clause of the complaint is also called the

A) caption.
B) prayer for relief.
C) recital of the cause of action.
D) summation.

Question 17

_______ jurisdiction refers to the authority of the court to determine the rights of the defendant in a lawsuit.

A) In rem
B) Subject matter
C) In personam
D) Quasi in rem

Question 18

The court may relieve a party of the burden of proving a fact by

A) the doctrine of collateral estoppel.
B) taking judicial notice of that fact.
C) contempt proceedings.
D) granting res judicata .

Question 19

The length of a complaint is largely determined by

A) the complexity of the jurisdictional issues.
B) the number of defendants in the case.
C) the complexity of the allegations of fact needed to establish a cause of action.
D) whether the case is filed in state or federal court.

Question 20

Service of process refers to the presentation to the defendant of a copy of the complaint along with a(n)

A) memorandum.
B) notice.
C) answer.
D) summons.

Question 21

The test for findings of fact in civil cases at the trial level is

A) preponderance of the evidence.
B) proof beyond a reasonable doubt.
C) substitution of judgment.
D) clearly erroneous.

Question 22

In Cockrell , the court held that

A) the South Carolina court did not have personal jurisdiction over the Research Center and the Center's director who certified the aluminum bat that hit the baseball, injuring Cockrell.
B) the South Carolina court did have personal jurisdiction over the Research Center and the Center's director who certified the aluminum bat that hit the baseball, injuring Cockrell.
C) the bat manufacturer and those who certified the aluminum bat were liable for Cockrell's injuries because all of their actions contributed to the injuries.
D) it did not matter where those who certified the aluminum bat were located and they could be held liable for Cockrell's injuries because their actions contributed to the injuries.

Question 23

In State ex rel. Steiger v. Gray , the court held that

A) it could not take judicial notice of blood tests as proving paternity.
B) tests, such as blood tests, may not be used as evidence.
C) the hearsay rule applied.
D) it could take judicial notice of blood tests proving paternity.

Question 24

In Difiore v. CSL Behring, U.S., LLC , the court found that

A) because the facts underlying the wrongful discharge claim were identical to the facts underlying the False Claims Act retaliation claim, the wrongful discharge claim was preempted.
B) Difiore's refusal to follow her employer's instruction was wrongful and her lawsuit should be dismissed.
C) it did not appear as though the False Claims Act statutory claim should be held to preclude the common law wrongful discharge claim, and dismissal of punitive damages claims was premature.
D) in Pennsylvania, there is no basis for awarding punitive damages in a wrongful discharge lawsuit.

Question 25

In Meyer v. United States Tennis Association , the court found that

A) the defendant failed to compensate its tennis umpires for any hours worked in excess of forty hours per week.
B) the United States Tennis Association is not liable for overtime because it is a not-for-profit organization.
C) the plaintiffs were employees for the purposes of the Fair Labor Standards Act.
D) the plaintiffs were independent contractors for the purposes of the Fair Labor Standards Act.

Question 26

In Reynolds v. First NLC Financial Services, LLC , the court held that

A) the foreclosure deed was void, and the trial court properly entered an order quieting title and declaring that Reynolds owned the property in fee simple absolute.
B) the trial court mistakenly applied the doctrine of res judicata when it should have applied the doctrine of collateral estoppel.
C) the holder of the mortgage note should not have foreclosed, as Reynolds had made all mortgage payments.
D) Reynolds was precluded from raising those issues again under the doctrine of res judicata , and summary judgment was properly granted.