Deck 3: The Uslegal System

Question 1

Within the U.S. ,courts may issue advisory opinions.

Answer 1

False

Question 2

State courts have the power to hear all cases not within the exclusive jurisdiction of the federal court system.

Answer 2

True

Question 3

Plaintiffs must prove their cases beyond a reasonable doubt in most civil cases.

Answer 3

False

Question 4

Jurisdiction refers to:

A)The power of a defendant to have a case removed to an unbiased court.
B)The courts' power to render binding decisions on parties before them.
C)The plaintiff's interest in having a case heard in district court.
D)A defendants interest in having an impartial jury preside over a case
E)The power of the plaintiff to file a lawsuit in any court of his choosing.

Question 5

Once a case is in the proper court system,venue determines which trial court in the system will hear the case.

Question 6

Only one party may appeal from a final judgment.

Question 7

Bethenny,who resides in Rhode Island,breached a contract entered into in Florida with Geraldo.Geraldo successfully obtains a judgment against Bethenny for $150,000 in a Florida state court.Bethenny lives in a nice apartment in Rhode Island,and her only substantial asset is a vacation beach house in North Carolina.Which of the following is true regarding Geraldo's ability to obtain funds from a sale of the beach house?

A)Geraldo will be able to sell the beach house in North Carolina through attachment jurisdiction,but he must return to Bethenny any funds obtained in excess of amounts owed.
B)Geraldo is only entitled to obtain funds from property located in Florida,the location of the lawsuit,and cannot benefit from the property in North Carolina.
C)Geraldo is only entitled to obtain funds from property located in Florida,the location of the lawsuit,or from Rhode Island,Bethenny's domicile,and cannot benefit from the property in North Carolina.
D)Under federal law,Geraldo will only be able to sell the beach house through attachment jurisdiction if after two years Bethenny has failed to satisfy the judgment,and any sums received in excess of amounts owed to Geraldo go the Federal Housing Administration.
E)Geraldo will be able to sell the beach house in North Carolina through attachment jurisdiction,and he is entitled to keep any funds obtained in excess of amounts owed.

Question 8

In what state is XYZ Bank,a federally chartered bank,considered a citizen?

A)The bank is considered a citizen of any state in which it is located,meaning any state in which the bank has branches.
B)The bank is considered a citizen of Washington D.C.and also of the state in which it does its largest volume of business.
C)The bank is considered a citizen of the state in which it is located,meaning the state in which its main office,as specified in its articles of incorporation,is located.
D)The bank is considered a citizen only of Washington D.C.
E)The bank is considered a citizen only of the state in which it does its largest volume of business.

Question 9

Subject-matter jurisdiction is a court's power to hear certain kinds of cases.

Question 10

Under federal statutory law,Internet transactions cannot ever be the basis for a finding of in personam jurisdiction.

Question 11

Before a case can be heard,it must meet the threshold requirements of standing,case or controversy,and matter of public interest.

Question 12

Jurisdiction over a person is known as in rem jurisdiction.

Question 13

If a potential juror's response to a question indicates bias,an attorney should use a peremptory challenge to remove the juror.

Question 14

Usually the issue of ripeness arises when one party claims that a case is moot.

Question 15

Which of the following has the power to hear and decide a case when it first enters the legal system?

A)A trial court.
B)The U.S.Supreme Court
C)An appellate court.
D)A court of appellate jurisdiction.
E)The state Supreme Court.

Question 16

Concurrent federal jurisdiction means that both state and federal courts have jurisdiction over a case.

Question 17

In some cases,the U.S.Supreme Court functions as a trial court of limited jurisdiction.

Question 18

Juries decide questions of law.

Question 19

Cooper sues Company A in state court in South Carolina,where he lives,for negligence alleging personal injury and property damage of $100,000 after a truck driven by an employee of Company A rear-ended his pickup truck.Company A is incorporated in Delaware,has its headquarters in New York,but does a substantial amount of business in South Carolina.Claiming diversity of citizenship,Company A seeks removal to federal district court,but Cooper opposes the motion.Which of the following is true regarding whether the case may be properly removed to federal district court?

A)Because the amount in controversy satisfies diversity requirements and Company A is headquartered in a state other than South Carolina,the case may be properly removed to federal court regardless of where Company A is incorporated and regardless of the location of its nerve center.
B)The amount in controversy satisfies diversity requirements;and because Company A is incorporated and has its headquarters in a state other than South Carolina,the case may be properly removed to federal court.
C)Because the amount in controversy fails to satisfy jurisdictional requirements,regardless of the location of Company A,the case may not be removed to federal court.
D)The amount in controversy satisfies diversity requirements;and if Company A's nerve center is in a state other than South Carolina,then the case may be properly removed to federal court.
E)Because the amount in controversy satisfies diversity requirements and Company A is incorporated in a state other than South Carolina,the case may be properly removed to federal court regardless of where Company A's headquarters,nerve center,or principal place of business is located.

Question 20

A defendant who believes that he or she has a claim against the plaintiff would include a counterclaim with the answer.

Question 21

Which of the following do appellate courts primarily handle?

A)Questions of fact
B)Questions of law
C)Cases when they initially enter the legal system
D)Questions of law and fact
E)Questions of law and fact,and also cases when they initially enter the legal system

Question 22

Dr.Tanaka was served with a malpractice lawsuit based on allegedly removing the wrong organ.Following discovery,it becomes clear that the plaintiff has no credible evidence against the doctor,and that no reasonable jury could rule in the plaintiff's favor.How should Dr.Tanaka's lawyer proceed?

A)The lawyer should proceed to trial.
B)The lawyer should make a motion for additional discovery.
C)The lawyer should make a motion to amend the answer in order to make a motion to dismiss.
D)The lawyer should file a motion for judgment on the pleadings.
E)The lawyer should make a motion for summary judgment.

Question 23

Which of the following is a court's power to hear certain kinds of cases?

A)In personam jurisdiction
B)In area jurisdiction
C)In loco jurisdiction
D)Subject-matter jurisdiction
E)In kind jurisdiction

Question 24

Minimum contact requirements:

A)Are the same in every state
B)Are used to define what personal service means
C)Were established in International Shoe Co.v.State of Washington
D)Do not include committing a tort within a state
E)Prevent a defendant from ever being served while out-of-state

Question 25

Raul lives in Colorado but owns land in Montana for which he has not paid property taxes in several years.Assuming the state meets procedural requirements,which of the following is true?

A)The court can exert both in personam jurisdiction and in rem jurisdiction over Paul but must wait until his return to the state in order to sell the property to satisfy the tax debt.
B)The court can exert both in personam jurisdiction and in rem jurisdiction over the property itself and may take control of the property,but the court must wait until Paul's return to the state in order to sell the property to satisfy the tax debt.
C)The court can exert in personam jurisdiction over the property itself and sell it to satisfy the tax debt.
D)The court can exert in rem jurisdiction over the property and sell it to satisfy the tax debt.
E)The court has no right to sell the property to satisfy the tax debt because no jurisdiction is present.

Question 26

Which of the following is true regarding federal jurisdiction?

A)If a case falls within the federal jurisdiction,it cannot fall within state jurisdiction.
B)Some cases fall within both federal jurisdiction and state jurisdiction,but the federal court system has exclusive jurisdiction over some cases.
C)Some cases fall within both federal jurisdiction and state jurisdiction,but there is no exclusive federal court jurisdiction.
D)Some cases fall within both federal jurisdiction and state jurisdiction,but that only occurs in criminal matters.
E)There is no exclusive federal jurisdiction in civil matters.

Question 27

Which of the following is a question of fact?

A)Is premeditation necessary for a first degree murder conviction?
B)Is speech protected by the First Amendment?
C)What is necessary for service of process?
D)What elements should an answer contain?
E)Did the vehicle run the traffic light?

Question 28

Matthew,who attends a local state college in his home state,is prevented from wearing a T-shirt with a gun picture on it to his public school.He wants to sue because he believes his First Amendment rights are being violated.Which court could Matthew sue in?

A)The state appeals court because the case raises a Constitutional issue.
B)The U.S.Supreme Court because the case is a First Amendment case.
C)Federal or state court because the case raises a federal question.
D)The federal appeals court because the case raises a Constitutional issue.
E)Federal court because diversity jurisdiction exists.

Question 29

Patty sued Raphael for hitting her car,alleging that Raphael was texting at the time when the accident happened.Patty did not present hard evidence of texting,such as phone records.The jury held Raphael was not liable for the accident because Patty had not proved Raphael was texting,and that in fact it was Patty who failed yield to Raphael.Patty should:

A)Ask the judge to grant a default judgment because the jury was wrong.
B)Appeal to federal court to overturn the decision,which was made in state court.
C)Ask the Supreme Court to overturn the decision because she made clear Raphael was texting.
D)Move on with her life,as she was unable to convince the jury to side with her on a question of fact.
E)Appeal and try to convince the appellate court that Raphael actually was texting.

Question 30

Which statement about state and federal court jurisdiction is true?

A)In all cases,state courts have exclusive jurisdiction unless the state's Supreme Court grants jurisdiction to a federal court in the state.
B)In some cases,state courts have exclusive jurisdiction;in some cases,state courts have concurrent jurisdiction with the federal courts;and state courts also have the power to hear all cases not within the exclusive jurisdiction of the federal court system.
C)In all cases,state courts have concurrent jurisdiction with the federal courts.
D)State courts begin with exclusive jurisdiction until a federal court intervenes.
E)Federal courts begin with exclusive jurisdiction until a state court intervenes.

Question 31

DeRay and Jenna live in different states.DeRay is suing Jenna for injuring him by causing him to fall.He is seeking $20,000 in damages.DeRay can sue in:

A)Federal court only,because DeRay and Jenna live in different states.
B)The state where the fall took place.
C)Both federal and state court.
D)Federal court only,because diversity jurisdiction exists.
E)Federal court only because the amount in controversy exceeds $10,000.

Question 32

Will a plaintiff be allowed to assert jurisdiction over a defendant in the plaintiff's state for a cause of action arising out of the defendant's website?

A)It depends on the nature and quality of commercial activity that an entity conducts over the Internet.
B)Yes,but only if the defendant has actually physically been in the plaintiff's home state within the 180 days prior to the filing of the complaint.
C)No,not under any circumstances.
D)Yes,but only if the defendant consented to jurisdiction in the plaintiff's home state.
E)Yes,for any type of action.

Question 33

The state court system has exclusive jurisdiction over ________.

A)Admiralty,bankruptcy,and copyright case
B)Adoption and divorce case
C)Bankruptcy cases only
D)The state court system has no exclusive jurisdiction
E)Admiralty cases only

Question 34

For diversity-of-citizenship,which of the following is needed?

A)Only that the controversy concern an amount in excess of $75,000.
B)Only that the controversy concern an amount in excess of $100,000.
C)That the plaintiff and the defendant reside in different states and that the controversy concerns an amount in excess of $75,000.
D)Only that the plaintiff not reside in the same state as the defendant.
E)Only that the plaintiff reside in the same state as the defendant.

Question 35

If a defendant is a corporation:

A)Generally either the president of the corporation or an agent can be served
B)Only the agent of the corporation can be served
C)Only the president of a corporation can be served
D)The corporation does not have to receive service
E)No service of process is required

Question 36

Which of the following is the same as attachment jurisdiction?

A)Subject-matter jurisdiction
B)Personal jurisdiction
C)In rem jurisdiction
D)Quasi in rem jurisdiction
E)Equitable jurisdiction

Question 37

When can an appellate court overrule a trial courts' decision on questions of fact?

A)Only if a judge decided on the question of fact
B)Only if the trial court's findings were clearly erroneous
C)Never
D)Only if the appeal is filed by the plaintiff
E)Only if a jury decided on the question of fact

Question 38

The federal court system has exclusive jurisdiction over ________.

A)Admiralty,bankruptcy,and federal copyright cases
B)Bankruptcy cases only
C)Federal copyright cases only
D)The federal court system has no exclusive jurisdiction
E)Admiralty cases only

Question 39

Laws which enable the court to serve a defendant outside the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert jurisdiction are called ________.

A)In rem statutes
B)Quasi in rem statutes
C)Minimum contact statutes
D)Significant contact statutes
E)Long-arm statutes

Question 40

For purposes of diversity-of-citizenship,where does a corporation reside?

A)Any state in which the corporation does business.
B)Any state in which the corporation has done business within the last five years.
C)The state of incorporation only.
D)The state in which the corporation has its principal place of business and the state of incorporation.
E)Only the state in which the corporation has its principal place of business.

Question 41

A company is considering locating its headquarters in West Virginia,but wants to know how the court system treats businesses in the state.What advice would be most appropriate:

A)West Virginia is a good location to choose as a company headquarters because it does not guarantee the right to appeal a civil verdict.
B)West Virginia is a good location to choose as a company headquarters because it does guarantee the right to appeal a civil verdict.
C)Companies should not take into account the question of which court system will hear a case.
D)The company may wish to consider a different location because the American Tort Reform Association has continually defined West Virginia as one of its top Judicial Hellholes for businesses in the United States.
E)West Virginia is a good location to choose as a company headquarters because it has a reputation as being unfriendly to plaintiffs.

Question 42

For a person to have standing:

A)The case must not be moot.
B)There must be an actual controversy.
C)Personal jurisdiction must exist
D)The case must personally affect him or her.
E)Subject matter jurisdiction must exist

Question 43

[Appellate Court.] DeShaun,who is a bit eccentric,is fed up with the way a certain employer in his town treats employees and decides to sue on behalf of all those employees.DeShaun also says that he is going to start his case at the appellate court level,skipping over all those "lesser" judges.DeShaun says that those justices will surely hear him out and that he will also seek a jury.
Will an appellate court hear DeShaun's case?

A)No,because DeShaun is required to first file the case in the appropriate trial court.
B)Yes,so long as a state trial court judge approves and certifies the case for the appellate court without holding a trial first.
C)Yes,but only if DeShaun can prove that he would have had to wait at least a year for a trial at the trial court level.
D)Yes,but DeShaun is not entitled to a jury.
E)Yes,but only if DeShaun files his case in state court as opposed to federal court.

Question 44

Which of the following is typically an appropriate venue in a lawsuit?

A)Only the trial court where the defendant resides.
B)Only the location where the dispute occurred if the lawsuit focuses on a particular incident.
C)The trial court where the defendant resides and also the location where the dispute occurred if the lawsuit focuses on a particular incident.
D)Both the trial court where the defendant resides and the trial court where the plaintiff resides.
E)Only the trial court where the plaintiff resides.

Question 45

Which of the following is a path that a case could take through the U.S.court system:

A)State trial court to the U.S.circuit court of appeals
B)U)S.district court to the state Supreme Court to the U.S.Supreme Court
C)State trial court to the U.S.district court to the U.S.Supreme Court
D)State trial court to a state Supreme Court to the U.S.Supreme Court.
E)State trial court to the U.S.Supreme Court

Question 46

If a plaintiff files a case in state court that could also have been filed in federal court,does the defendant have any say in where the case is heard?

A)The defendant can have the case moved to federal court only if the state trial court judge grants permission at his or her discretion.
B)The defendant has a right to move the case to federal court.
C)The defendant can have the case moved to federal court only if the plaintiff's filing expenses in state court are paid by the defendant.
D)The defendant can have the case moved to federal court only if federal jurisdiction question is involved.
E)The defendant has no choice,and the case will stay in state court.

Question 47

Regardless of the court involved,can DeShaun act as plaintiff for the employees?

A)Yes,so long as he gives any money he receives to them.
B)No,because he lacks standing.
C)No,because venue is lacking.
D)Yes,so long as no employee files an objection.
E)Yes,so long as he gets permission slips from all of them.

Question 48

Yolanda found a better job and quit Robert's employment.Yolanda,however,wants to sue Robert because she believes that he may have terminated her employment based on age discrimination if she had not quit.At this point,which of the following would be Robert's best defense to a lawsuit filed by Yolanda in the state in which she worked?

A)That the court lacks in personam jurisdiction.
B)That the case is moot.
C)That the state's long-arm statute does not apply.
D)That a default judgment is appropriate.
E)That Yolanda lacks standing.

Question 49

Which of the following is true regarding trials in Japan?

A)Known evidence must be automatically exchanged without request or order of the court.
B)Only civil penalties may be imposed in civil cases for parties violating judicial orders.
C)Trial involves a series of discrete meetings between the parties and the judge.
D)The Japanese trial system has juries that function similar to juries in America.
E)The discovery process in the Japanese court system is much simpler than that in America.

Question 50

Assuming DeShaun eventually ends up at the appellate level,is he entitled to a jury at the appellate level?

A)Yes,if he satisfies the requirements to initially bring the case in appellate court,he is entitled to a jury.
B)Yes,but only if he had a jury first at the trial court level.
C)No,jurors are not used at the appellate court level.
D)Yes,because appellate courts decide questions of fact while questions of law are decided at the trial court level.
E)Yes,but only if the employer agrees to a jury.

Question 51

The U.S.Court of Appeals has ________ circuits.

A)50
B)6
C)13
D)12
E)10

Question 52

What are the trial courts in the federal court system called?

A)Preemptory courts
B)Federal jurisdictional courts
C)U)S.district courts
D)U)S.circuit courts
E)Federal circuit courts

Question 53

The federal court system derives its power from:

A)The U.S.Senate
B)The U.S.House of Representatives
C)The U.S.Constitution
D)The U.S.Congress
E)The President

Question 54

Assuming there are no vacancies,how many U.S.Supreme Court justices are there?

A)7
B)8
C)15
D)5
E)9

Question 55

Which of the following is true regarding the court system in the Republic of China Taiwan)?

A)Responsibility for interpreting the country's constitution falls to the Constitutional Court of the Judicial Yuan.
B)While constitutional issues are heard by the country's Supreme Court,regular civil and criminal cases are heard by the Court of the Judicial Yuan.
C)For civil and criminal cases,and for cases interpreting the country's constitution,the Supreme Court is the court of last resort.
D)All cases go directly from the trial court to the Supreme Court,and there is no intermediate appellate court system.
E)It is identical to the court system in the U.S.

Question 56

[Revenge] Tamra,a first year law student,slipped on a freshly mopped floor while walking to class.She bumped into Anton,another first year law student,breaking his glasses.He was very angry with Tamra and let the air out of one of her car tires.Anton also decided to sue Tamra for negligence claiming damages of $300 for his broken glasses.He decided that he already knew all about the law and did not need a lawyer.Anton sued Tamra in state court.Tamra,in the same lawsuit,brought an action against Anton for letting the air out of her tire.At the trial in state court,Tamra told the judge that a friend,Aimee,told Tamra that she saw Anton let the air out of Tamra's tire.The judge disallowed Tamra's testimony on that issue.Aimee also came to court and testified about seeing Anton let the air out of the tires.The state court judge ruled in favor of Tamra.Anton said that he was not giving up and that he would seek double damages on appeal in federal court.Tamra and Anton live in different states when not attending school.After the trial,Tamra reported Anton's action of letting the air out of her tire to the police,who said that they would proceed with a criminal action against Anton.Anton goes to see Alex,a recent graduate who had just passed the bar,and asked Alex to represent him in a federal court appeal.
What should Alex say to Anton regarding an appeal filed in federal court?

A)He should tell Anton that the federal appeal looks good only if Aimee does not come to testify in person.
B)He should tell Anton to forget about a federal court appeal because an appeal from a state trial court would not be to federal court.
C)He should tell Anton that the federal appeal looks good only if Anton can get Tamra to admit she was negligent.
D)He should tell Anton that a federal appeal looks promising and that he will be glad to represent Anton for an hourly rate of $400.
E)He should tell Anton that the federal appeal is not possible unless Anton first gets the trial court judge to certify the case to federal court.

Question 57

Which of the following is true regarding state courts of appeal?

A)Not all states have intermediate courts of appeal;in those states,appeals go to the state court of last resort.
B)In states that do not have an intermediate court of appeal,appeals go to the federal court of appeals.
C)All states in this country have intermediate courts of appeal.
D)States only have an intermediate court of appeal if there is no state Supreme Court.
E)In states that do not have an intermediate court of appeal,there is no right of appeal to any court.

Question 58

Intermediate Courts of Appeal:

A)Are analogous to the U.S.Supreme Court
B)Are analogous to federal circuit courts of appeal
C)Exist in every state
D)Are courts of last resort
E)Have very limited jurisdiction

Question 59

Neville knows that he can bring his case against Bob Ramona in a state court in Tennessee.He is unsure,however,of but he doesn't know which the correct county in which to proceed.Which of the following address the proper county?

A)Venue
B)In personam jurisdiction
C)Long-arm jurisdiction
D)Subject-matter jurisdiction
E)Diversity jurisdiction

Question 60

Susan has lost her appeal in her state Supreme Court on a matter concerning a question of pure state law.She wishes to appeal to the U.S.Supreme Court.Susan:

A)Cannot appeal because cases arising in state court can never be heard in the U.S.Supreme Court
B)Cannot appeal because her case has not yet been heard in a U.S.District Court.
C)Can appeal because her case has already been heard in the court of last resort in her state.
D)Cannot appeal because the U.S.Supreme Court will not hear cases considering questions of pure state law.
E)Cannot appeal because cases arising in state court can never be heard in federal court.

Question 61

A[n] is a judgment in favor of the plaintiff that occurs when the defendant fails to answer the complaint,and the plaintiff's complaint alleges facts that would support such a judgment.

A)Automatic judgment
B)Dismissal
C)Delineated response judgment
D)Pleading judgment
E)Default judgment

Question 62

The challenge to Sandy is called a[n] ________.

A)Stipulated challenge
B)Peremptory challenge
C)Fairness challenge
D)Approved challenge
E)Challenge for cause

Question 63

The ________ requirement stops courts from rendering advisory opinions.

A)Subject-matter jurisdiction
B)In rem
C)Case or controversy
D)Attachment
E)In personam

Question 64

The statements made to the jury by the lawyers immediately after the jury was chosen are referred to as ________.

A)Direct statements
B)Opening statements
C)Closing selection statements
D)Influential statements
E)Jury statements

Question 65

Which of the following is true regarding tools of discovery?

A)Depositions are the only tool of discovery available to plaintiffs,but defendants may use both interrogatories and depositions.
B)Interrogatories and depositions are tools of discovery available to all parties,but summary motions and requests to produce documents are not tools of discovery.
C)The only tool of discovery is interrogatories.
D)Interrogatories,depositions,and requests to produce documents are all tools of discovery available to all parties.
E)Summary motions,interrogatories,and depositions,are tools of discovery available to all parties.

Question 66

What standard of proof would the trial judge have applied when ruling on the case?

A)A standard of proof beyond a reasonable doubt
B)A standard of proof by a margin
C)A preponderance of the evidence standard
D)A standard of certainty in proof
E)A standard of proof beyond a reasonable question

Question 67

In a criminal case against Anton,what standard of proof would the judge apply?

A)A standard of proof beyond a reasonable question
B)A standard of certainty in proof
C)A standard of proof by a margin
D)A standard of proof beyond a reasonable doubt
E)A preponderance of the evidence standard

Question 68

Tamra's action against Anton for the tire is called a ________.

A)Counterclaim
B)Discovery claim
C)Cross-Claim
D)Third-party claim
E)Service claim

Question 69

When lawyers choose a jury,it is called ________.

A)Ven dere
B)Shadowing
C)Voir dire
D)Jury review
E)Jury analysis

Question 70

Written questions that one party sends to another to answer under oath are called ________.

A)Interrogatories
B)Subpoenas
C)Depositions
D)Inquiries
E)Sworn assertions

Question 71

The challenge Linda's lawyer made to Mika is referred to as a[n] ________.

A)Peremptory challenge
B)Fairness challenge
C)Stipulated challenge
D)Challenge for cause
E)Approved challenge

Question 72

At a[n] ,attorneys examine a witness under oath with a court reporter present.

A)Inquiry
B)Pre-trial conference
C)Pre-trial mediation
D)Deposition
E)Interrogatory

Question 73

If after reviewing the evidence in the case,there is no factual dispute and one party is entitled to judgment prior to trial,the court may grant which of the following?

A)Motion for production
B)Motion for summary judgment
C)Motion for sanctions
D)Motion for judgment on the pleadings
E)Motion for discovery

Question 74

Ashley wants to sue Joe because her friend Mary was hurt by Joe and Ashley wants to be awarded money to give to Mary.Mary is currently incurring medical bills to treat her injuries and wants to focus on trying to get better,rather than suing.Can Ashley sue Joe?

A)Yes because the case is ripe
B)No because Ashley lacks standing
C)No because the case is moot.
D)No because the case is not ripe.
E)Yes because the case is ripe and there is an actual controversy

Question 75

Billy witnessed a hit-and-run but is gravely ill with cancer.Xavier,who was injured in the accident,would like to preserve Billy's testimony for trial in case Billy dies before the trial date.What should Xavier do?

A)Take Billy's deposition.
B)Send interrogatories to Billy.
C)There is nothing Xavier can do.
D)Have a conference with the judge and Billy.
E)Send a request to admit to Billy that the accident was the defendant's fault.

Question 76

The plaintiff must provide the defendant in a lawsuit with a copy of the complaint.That process is called ________.

A)Service delivery
B)Summons issuance
C)Service of process
D)Subpoena delivery
E)In personam service

Question 77

What is the document called that informs the defendant of the lawsuit and explains that if the defendant does not respond to the lawsuit within a certain period of time,a default judgment will be entered?

A)Summons
B)Answer
C)Instructional guide
D)Transactional analysis
E)Complaint

Question 78

Should the judge have disallowed Tamra's testimony about what Aimee told her about the tire?

A)Yes,the judge was correct to disallow the testimony but only because Aimee was in the courtroom and could testify herself;otherwise,it should have been allowed.
B)No,the judge was wrong and should have considered that testimony.
C)Yes,the judge was correct to disallow the testimony because it involved a possible criminal action.
D)Yes,the judge was correct to disallow the testimony because it was hearsay.
E)Yes,the judge was correct to disallow the testimony but only because it purportedly came from an admitted friend of the defendant,not an independent witness;otherwise,it should have been allowed.

Question 79

A defendant uses a[n] _ when her or his answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff.

A)Secondary answer
B)Affirmative defense
C)Pleading defense
D)Personam answer
E)Formal answer

Question 80

If after reviewing the pleadings,the judge determines that the only reasonable decision is in favor of the moving party,the court may grant which of the following?

A)Motion for sanctions
B)Motion for judgment on the pleadings
C)Motion for production
D)Motion for summary judgment
E)Motion for discovery