Deck 12: Civil Procedure Before Trial

Question 1

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

Answer 1

E

Question 2

Lack of proper venue renders any judgment void.

Answer 2

False

Question 3

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

Answer 3

E

Question 4

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

Question 5

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

Question 6

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

Question 7

Motions generally require court hearings.

Question 8

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

Question 9

Depositions are written questions answered under oath.
Multiple Choice

Question 10

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

Question 11

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

Question 12

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 13

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 14

Settlement agreements are found in

A) complaints
B) answers
C) discovery documents
D) compromise and release
E) dismissal without prejudice

Question 15

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 16

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 17

Which of the following is not found in a complaint?

A) caption
B) allegations
C) denials
D) prayer
E) signature of attorney

Question 18

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

Question 19

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 20

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