Deck 12: Civil Procedure Before Trial

Question 1

If a court lacks personal jurisdiction, it can still hear a case if it has:

A) exclusive jurisdiction.
B) in rem jurisdiction.
C) pendant jurisdiction.
D) venue.
E) original jurisdiction.

Answer 1

B

Question 2

What is a factual situation that creates a legally recognized right to damages or other relief?

A) Venue
B) Cause of action
C) Demurrer
D) Summons

Answer 2

B

Question 3

Which of the following is not found in a complaint?

A) Caption
B) Allegations
C) Denials
D) Prayer
E) Signature of attorney

Answer 3

C

Question 4

If a defendant makes a claim against a co-defendant in federal court, it is known as a:

A) counterclaim.
B) cross-claim.
C) third party action.
D) cross complaint.
E) demurrer.

Question 5

What is the name of the meeting where the attorneys meet with the judge prior to trial and try to reach a compromise?

A) Status conference
B) Settlement conference
C) Motion hearing
D) Trial-setting conference

Question 6

Settlement agreements are found in:

A) complaints.
B) answers.
C) discovery documents.
D) compromise and release.

Question 7

The sole power or authority to act in a certain situation is known as:

A) exclusive jurisdiction.
B) concurrent jurisdiction.
C) pendant jurisdiction.
D) original jurisdiction.
E) diversity jurisdiction.

Question 8

Written questions sent by one party to another party that must be answered under oath are known as:

A) interrogatories.
B) depositions.
C) requests to produce.
D) disclosure.
E) None of the above

Question 9

Service of process:

A) must be made personally.
B) can be done by the plaintiff.
C) involves the service of a complaint and summons on the defendant.
D) can be waived under federal rules.
E) Both c and d

Question 10

In federal court, civil procedure is regulated by the United States Code and which set of rules?

A) Federal Rules of Evidence
B) Federal Rules of Civil Procedure
C) Federal Rules of Criminal Procedure
D) Federal Rules of Bankruptcy Procedure

Question 11

What type of service of process is done with a notice appearing in a paper of general circulation?

A) Personal service
B) Substituted service
C) Service by publication
D) Service by mail

Question 12

What is the first step in the process of getting a civil case to trial in civil procedure?

A) Selecting the proper jurisdiction
B) Determining that a cause of action exists
C) Selecting the proper venue
D) Preparing the complaint

Question 13

Disclosure requires that each party disclose the following information to the other after filing a lawsuit:

A) identity of persons who have relevant information.
B) description of relevant documents.
C) computation of damages.
D) identity and qualifications of potential expert witnesses.
E) All of the above

Question 14

Discovery involves the use of:

A) interrogatories.
B) depositions.
C) requests for medical examinations.
D) requests to produce or inspect.
E) All of the above

Question 15

What type of jurisdiction is jurisdiction over property that is the subject of the lawsuit?

A) Subject matter jurisdiction
B) Personal jurisdiction
C) Diversity jurisdiction
D) In rem jurisdiction

Question 16

Personal jurisdiction is based on which constitutional right of the defendant?

A) Equal protection
B) Due process
C) Free speech
D) Double jeopardy

Question 17

If a case has settled and cannot be refiled, what is filed with the court?

A) Dismissal with prejudice
B) Dismissal without prejudice
C) Complaint
D) Cross-complaint

Question 18

What is the proper geographical court in which to file an action?

A) Subject matter jurisdiction
B) In rem proceeding
C) Venue
D) Personal jurisdiction

Question 19

A document describing the nature of a motion and the time and place set for hearing is known as:

A) notice of motion.
B) declaration in support of motion.
C) memorandum of points and authorities.
D) declaration in opposition to motion.
E) None of the above

Question 20

When a lawsuit involves title to real property, what venue usually governs?

A) Where the property is located
B) Where the plaintiff resides
C) Where the defendant resides
D) All of the above

Question 21

Personal jurisdiction is in part controlled by the due process clause of the Constitution.

Question 22

The federal courts have limited subject matter jurisdiction and can only hear cases when a federal question is involved, when the United States is a party, or when _________exists.

Question 23

Depositions are written questions answered under oath.

Question 24

In a complaint, the factual statements forming the basis of the claim are found in the caption.

Question 25

A factual situation that creates a legally recognized right to damages or other relief is a _________.

Question 26

A civil lawsuit begins when the defendant files the answer.

Question 27

If the defendant is not a resident of the state in which the action is filed, the defendant must have sufficient ______ with the state.

Question 28

A general denial denies each and every allegation contained in the complaint.

Question 29

Diversity of citizenship means that one party is not a resident of the United States.

Question 30

The answer is the response to the complaint challenging the factual basis for the lawsuit.

Question 31

The authority of the federal courts to hear trials is known as original jurisdiction.

Question 32

Plaintiffs are required to use licensed process servers to serve complaints.

Question 33

Lack of proper venue renders any judgment void.

Question 34

If there is more than one possible judicial district for venue, the _____ chooses where to file.

Question 35

A cause of action is a factual situation that creates a legally recognized right to damages or other relief.

Question 36

Only a small percentage of lawsuits that are filed ever go to trial and most _____ sometime prior to trial.

Question 37

Motions generally require court hearings.

Question 38

Requests for admissions are written requests by one party to another to admit or deny the truth of a statement or the genuineness of a document.

Question 39

A long arm statute is a state law that describes the circumstances in which the state may
exercise jurisdiction over nonresident defendants.

Question 40

A deposition takes place outside the courtroom.

Question 41

Once a complaint is filed, the plaintiff gives notice to the defendant that a lawsuit has been filed through ___________.

Question 42

The two most common pleadings are the complaint and the ______.

Question 43

The only form of discovery that can be used with people who are not parties to the lawsuit is the __________.

Question 44

Explain the difference between a cross-claim, counter-claim, and third-party claim.

Question 45

Discuss whether you would support an amendment to the rules of civil procedure that would all for service of process via email or a social networking site.

Question 46

Why do think so few civil lawsuits end up going to trial?

Question 47

Interrogatories are written questions sent by one party to another party that must be answered under ______.

Question 48

Describe the different discovery methods used in civil litigation.

Question 49

When a party files a pre-trial motion or request of the court, the party who makes the request, or the motion, is known as the ______ party.

Question 50

Explain the difference between federal question jurisdiction and diversity of citizenship jurisdiction.