Deck 3: Civil Trial Procedure

Question 1

What lawsuit comes about when two persons are unable to resolve their legal dispute by themselves?

A) Legal action
B) Civil action
C) Personal action
D) Non-criminal action

Answer 1

Civil action

Question 2

What lawsuit is brought by one or more persons on behalf of a very large group of people with the same interest in the matter?

A) Multiple-party action
B) Class action
C) Group action
D) Assembly action

Answer 2

Class action

Question 3

What term describes a tangible, legally protected interest that a party has at stake in a lawsuit?

A) Standing to sue
B) Duty to sue
C) Right to sue
D) Legal issue

Answer 3

Legal issue

Question 4

What legal document bars lawsuits from being filed?

A) Long-arm statute
B) Statute of limitations
C) State constitution
D) Administrative regulation

Question 5

What term describes the ground on which the suit is maintained?

A) Cause of action
B) Ground for action
C) Foundation of action
D) Origin of action

Question 6

What are claims that the party making the complaint expects to prove?

A) Averments
B) Allegations
C) All of the above
D) None of the above

Question 7

What written statement does the plaintiff make, under oath, to verify the correctness of a pleading?

A) Petition
B) Verification
C) Confirmation
D) Declaration

Question 8

When does a lawsuit officially begin?

A) Plaintiff hires a lawyer
B) Lawyer determines legal issues
C) Plaintiff makes a verification
D) Complaint is filed with the court

Question 9

What government official is responsible for the proper record of cases filed with the court?

A) Trial judge
B) Prosecutor
C) Clerk of court
D) Sheriff

Question 10

When is a civil case ready for trial?

A) Lawyer hand-delivers the complaint to the court
B) Complaint is filed with the court
C) Docket number is assigned to the case
D) Case is included in the trial list

Question 11

What legal document is used to notify the defendant of the lawsuit?

A) Summons
B) Pleading
C) Petition
D) Notification

Question 12

What is the means of compelling the defendant in an action to appear in court?

A) Citation
B) Process
C) Arrest
D) Writ of execution

Question 13

What term describes service of process when the summons and complaint are left at the defendant's last and usual place of abode?

A) Constructive service
B) Substituted service
C) Non-personal service
D) General service

Question 14

Upon receiving the summons, what document must the defendant file to avoid a default judgment?

A) Pleading
B) Petition
C) Answer
D) Counterclaim

Question 15

What may be included in the defendant's answer?

A) Admission or denial of specific allegations of the complaint
B) Claim of a lack of knowledge about the truthfulness of the complaint's allegations
C) Counterclaim
D) All of the above

Question 16

What Latin term describes the hearing attended by one party only?

A) Lis pendens
B) Ex parte
C) In personam
D) In rem

Question 17

If the court allows an attachment, what paper does the judge sign?

A) Order of attachment
B) Statement of attachment
C) Writ of attachment
D) Declaration of attachment

Question 18

What term describes a claim that one person or entity has against the property of another?

A) Encumbrance
B) Lien
C) None of the above
D) All of the above

Question 19

When real property is attached, at what place is a notice of lis pendens recorded?

A) Trial court
B) Registry of deeds
C) Town hall
D) Sheriff's office

Question 20

For how long is the lien attached to the property?

A) Until the judge removes it
B) Until a notice of lis pendens is recorded
C) Until the lawsuit is completed
D) Until the parties come to a mutually satisfactory agreement

Question 21

What term describes the attachment of the defendant's property that is in the hands of a third person?

A) Garnishment
B) Trustee process
C) All of the above
D) None of the above

Question 22

When trustee process is allowed, who holds the defendant's property?

A) Garnishee
B) Protector
C) Guardian
D) Keeper

Question 23

To begin trustee process, what document must the plaintiff's attorney obtain from the court?

A) Writ of garnishment
B) Affidavit
C) Order of garnishment
D) Verification

Question 24

What legal action is exempt from trustee process in some states?

A) Specific recovery of goods
B) Slander
C) Libel
D) All of the above

Question 25

What is the burden of proof in a civil case?

A) Prevalence of evidence
B) Preponderance of evidence
C) Predominance of evidence
D) Pervasiveness of evidence

Question 26

To win, how must the plaintiff prove his or her civil case?

A) Beyond a reasonable doubt
B) With absolute certainty
C) By evidence of the greatest weight
D) Beyond all doubts

Question 27

What document is used to enforce a judgment for the payment of money by the losing party to the winning party?

A) Writ of certiorari
B) Writ of execution
C) Writ of attachment
D) Writ of garnishment

Question 28

What person enforces a judgment of the payment of money by the losing party to the winning party?

A) Sheriff
B) Judge
C) Winning party's attorney
D) Losing party's attorney

Question 29

What is the name given to a short and simple trial?

A) Mini-trial
B) Arbitration
C) Conciliation
D) Summary proceeding

Question 30

Why is it beneficial to hold a quick and simple trial?

A) Lengthy trials are expensive for the parties
B) Lengthy trials are expensive for the government agencies administering them
C) All of the above
D) None of the above

Question 31

Litigation is a court action brought by litigants to resolve their legal dispute with the help of a third party.

Question 32

When a person represents himself or herself in court, it is called appearing in personam.

Question 33

Before filing a lawsuit, the attorney must consider whether the client has legal issues.

Question 34

A complaint is a formal document containing a short and plain statement of the plaintiff's claim.

Question 35

The complaint's clause stating the damages claimed by the plaintiff is called the lis pendens.

Question 36

Only cases on the trial docket are ready for trial.

Question 37

A person who carries out service of process is called a process server.

Question 38

When the process server delivers a copy of the summons and complaint to the defendant personally, it is known as private service.

Question 39

A default judgment is a court decision entered against a party who has failed to plead or defend a lawsuit.

Question 40

At a hearing, a judge determines whether or not to allow the attachment of the defendant's property.

Question 41

Ex parte hearing is the session of the court attended by all parties to the lawsuit.

Question 42

The defendant's property that is in the hands of a third person may be attached.

Question 43

Trustee process can be used in all legal actions.

Question 44

Before trustee process can be used, the plaintiff must file a bond with the court for the purpose of paying his or her court costs.

Question 45

In civil cases, the burden of proof is the same as in criminal cases.

Question 46

Preponderance of the evidence is a quantitative standard.

Question 47

If the losing party is ordered to pay money to the winning party and does not do so, the winning party must ask the court to enforce the judgment.

Question 48

The writ of attachment is the process used to enforce a judgment for the payment of money.

Question 49

A summary proceeding is the term describing a short and simple trial.

Question 50

Mini-trials are examples of summary proceedings.

Question 51

The parties to a lawsuit are called ________.

Question 52

Under the ________ doctrine, a court will hear a case only when there is an actual controversy for the court to decide.

Question 53

To be brought to court, potential cases must be ________.

Question 54

The written statements of claims and defenses used by the parties in the lawsuit are called ________.

Question 55

The essential basis of the complaint is known as the ________ of the lawsuit.

Question 56

The delivery of summonses to the people who are required to receive them is service of ________.

Question 57

When names of defendants are unknown, summonses and complaints refer to these people as ________ defendants.

Question 58

A written statement sworn to under oath, before a notary public, as being true to the affiant's own knowledge is called a(n) ________.

Question 59

The written order to the sheriff, commanding him or her to attach the real or personal property of the defendant, is called a writ of ________.

Question 60

The plaintiff's attorney begins trustee process by obtaining a writ of ________ from the court.

Question 61

Usually the plaintiff must file a(n) ________ with the court before a garnishment can be used.

Question 62

In criminal cases, the burden of proof is on the prosecution, but in civil cases, the burden of proof is on the ________.

Question 63

To win a civil case, the plaintiff must prove the case by a(n) ________ of evidence.

Question 64

The writ of ________ orders the sheriff to enforce the judgment.

Question 65

Lengthy and complicated trials are expensive for the parties and the ________ agencies administering them.

Question 66

Match the terms with their descriptions:

-Attachment

A) Court's employee in charge of a docket
B) Attaching of the defendant's property that is in the hands of a third person
C) Filed by the plaintiff with the court before trustee process can be used
D) Method of service of process when the defendant's location is unknown
E) Written order of the judge commanding the sheriff to implement the court's judgment
F) Burden of proof of the plaintiff
G) Lawsuit brought by one or several persons on behalf of a very large group of people with the same interest in the matter
H) Party to a lawsuit representing himself or herself
I) Stated in the ad damnum of the plaintiff's complaint
J) Act of taking a person's property and bringing it into the custody of the law
K) Government office where notices of lis pendens are recorded
L) Quick trial held in a simple manner

Question 67

Match the terms with their descriptions:

-Summary proceedings

A) Court's employee in charge of a docket
B) Attaching of the defendant's property that is in the hands of a third person
C) Filed by the plaintiff with the court before trustee process can be used
D) Method of service of process when the defendant's location is unknown
E) Written order of the judge commanding the sheriff to implement the court's judgment
F) Burden of proof of the plaintiff
G) Lawsuit brought by one or several persons on behalf of a very large group of people with the same interest in the matter
H) Party to a lawsuit representing himself or herself
I) Stated in the ad damnum of the plaintiff's complaint
J) Act of taking a person's property and bringing it into the custody of the law
K) Government office where notices of lis pendens are recorded
L) Quick trial held in a simple manner

Question 68

Match the terms with their descriptions:

-Class action

A) Court's employee in charge of a docket
B) Attaching of the defendant's property that is in the hands of a third person
C) Filed by the plaintiff with the court before trustee process can be used
D) Method of service of process when the defendant's location is unknown
E) Written order of the judge commanding the sheriff to implement the court's judgment
F) Burden of proof of the plaintiff
G) Lawsuit brought by one or several persons on behalf of a very large group of people with the same interest in the matter
H) Party to a lawsuit representing himself or herself
I) Stated in the ad damnum of the plaintiff's complaint
J) Act of taking a person's property and bringing it into the custody of the law
K) Government office where notices of lis pendens are recorded
L) Quick trial held in a simple manner

Question 69

Match the terms with their descriptions:

-Registry of deeds

A) Court's employee in charge of a docket
B) Attaching of the defendant's property that is in the hands of a third person
C) Filed by the plaintiff with the court before trustee process can be used
D) Method of service of process when the defendant's location is unknown
E) Written order of the judge commanding the sheriff to implement the court's judgment
F) Burden of proof of the plaintiff
G) Lawsuit brought by one or several persons on behalf of a very large group of people with the same interest in the matter
H) Party to a lawsuit representing himself or herself
I) Stated in the ad damnum of the plaintiff's complaint
J) Act of taking a person's property and bringing it into the custody of the law
K) Government office where notices of lis pendens are recorded
L) Quick trial held in a simple manner

Question 70

Match the terms with their descriptions:

-Bond

A) Court's employee in charge of a docket
B) Attaching of the defendant's property that is in the hands of a third person
C) Filed by the plaintiff with the court before trustee process can be used
D) Method of service of process when the defendant's location is unknown
E) Written order of the judge commanding the sheriff to implement the court's judgment
F) Burden of proof of the plaintiff
G) Lawsuit brought by one or several persons on behalf of a very large group of people with the same interest in the matter
H) Party to a lawsuit representing himself or herself
I) Stated in the ad damnum of the plaintiff's complaint
J) Act of taking a person's property and bringing it into the custody of the law
K) Government office where notices of lis pendens are recorded
L) Quick trial held in a simple manner

Question 71

Match the terms with their descriptions:

-Writ of execution

A) Court's employee in charge of a docket
B) Attaching of the defendant's property that is in the hands of a third person
C) Filed by the plaintiff with the court before trustee process can be used
D) Method of service of process when the defendant's location is unknown
E) Written order of the judge commanding the sheriff to implement the court's judgment
F) Burden of proof of the plaintiff
G) Lawsuit brought by one or several persons on behalf of a very large group of people with the same interest in the matter
H) Party to a lawsuit representing himself or herself
I) Stated in the ad damnum of the plaintiff's complaint
J) Act of taking a person's property and bringing it into the custody of the law
K) Government office where notices of lis pendens are recorded
L) Quick trial held in a simple manner

Question 72

Match the terms with their descriptions:

-Clerk of court

A) Court's employee in charge of a docket
B) Attaching of the defendant's property that is in the hands of a third person
C) Filed by the plaintiff with the court before trustee process can be used
D) Method of service of process when the defendant's location is unknown
E) Written order of the judge commanding the sheriff to implement the court's judgment
F) Burden of proof of the plaintiff
G) Lawsuit brought by one or several persons on behalf of a very large group of people with the same interest in the matter
H) Party to a lawsuit representing himself or herself
I) Stated in the ad damnum of the plaintiff's complaint
J) Act of taking a person's property and bringing it into the custody of the law
K) Government office where notices of lis pendens are recorded
L) Quick trial held in a simple manner

Question 73

Match the terms with their descriptions:

-Trustee process

A) Court's employee in charge of a docket
B) Attaching of the defendant's property that is in the hands of a third person
C) Filed by the plaintiff with the court before trustee process can be used
D) Method of service of process when the defendant's location is unknown
E) Written order of the judge commanding the sheriff to implement the court's judgment
F) Burden of proof of the plaintiff
G) Lawsuit brought by one or several persons on behalf of a very large group of people with the same interest in the matter
H) Party to a lawsuit representing himself or herself
I) Stated in the ad damnum of the plaintiff's complaint
J) Act of taking a person's property and bringing it into the custody of the law
K) Government office where notices of lis pendens are recorded
L) Quick trial held in a simple manner

Question 74

Match the terms with their descriptions:

-Prove preponderance of evidence

A) Court's employee in charge of a docket
B) Attaching of the defendant's property that is in the hands of a third person
C) Filed by the plaintiff with the court before trustee process can be used
D) Method of service of process when the defendant's location is unknown
E) Written order of the judge commanding the sheriff to implement the court's judgment
F) Burden of proof of the plaintiff
G) Lawsuit brought by one or several persons on behalf of a very large group of people with the same interest in the matter
H) Party to a lawsuit representing himself or herself
I) Stated in the ad damnum of the plaintiff's complaint
J) Act of taking a person's property and bringing it into the custody of the law
K) Government office where notices of lis pendens are recorded
L) Quick trial held in a simple manner

Question 75

Match the terms with their descriptions:

-Appearing pro se

A) Court's employee in charge of a docket
B) Attaching of the defendant's property that is in the hands of a third person
C) Filed by the plaintiff with the court before trustee process can be used
D) Method of service of process when the defendant's location is unknown
E) Written order of the judge commanding the sheriff to implement the court's judgment
F) Burden of proof of the plaintiff
G) Lawsuit brought by one or several persons on behalf of a very large group of people with the same interest in the matter
H) Party to a lawsuit representing himself or herself
I) Stated in the ad damnum of the plaintiff's complaint
J) Act of taking a person's property and bringing it into the custody of the law
K) Government office where notices of lis pendens are recorded
L) Quick trial held in a simple manner

Question 76

Match the terms with their descriptions:

-Damages

A) Court's employee in charge of a docket
B) Attaching of the defendant's property that is in the hands of a third person
C) Filed by the plaintiff with the court before trustee process can be used
D) Method of service of process when the defendant's location is unknown
E) Written order of the judge commanding the sheriff to implement the court's judgment
F) Burden of proof of the plaintiff
G) Lawsuit brought by one or several persons on behalf of a very large group of people with the same interest in the matter
H) Party to a lawsuit representing himself or herself
I) Stated in the ad damnum of the plaintiff's complaint
J) Act of taking a person's property and bringing it into the custody of the law
K) Government office where notices of lis pendens are recorded
L) Quick trial held in a simple manner

Question 77

Match the terms with their descriptions:

-Publication in a newspaper

A) Court's employee in charge of a docket
B) Attaching of the defendant's property that is in the hands of a third person
C) Filed by the plaintiff with the court before trustee process can be used
D) Method of service of process when the defendant's location is unknown
E) Written order of the judge commanding the sheriff to implement the court's judgment
F) Burden of proof of the plaintiff
G) Lawsuit brought by one or several persons on behalf of a very large group of people with the same interest in the matter
H) Party to a lawsuit representing himself or herself
I) Stated in the ad damnum of the plaintiff's complaint
J) Act of taking a person's property and bringing it into the custody of the law
K) Government office where notices of lis pendens are recorded
L) Quick trial held in a simple manner

Question 78

Define the parties to a lawsuit and discuss steps necessary to begin litigation.

Question 79

Define and discuss pleadings. Discuss the official beginning of a lawsuit.

Question 80

Define process. Identify a person who serves process and discuss all possible ways that process may be served