Deck 3: Civil Litigation and Alternative Dispute Resolution

Question 1

If the defendant does not answer the complaint,it will be dismissed.

Answer 1

False

Question 2

Only the defendant is allowed to file pretrial motions.

Answer 2

False

Question 3

In a lawsuit,parties are limited to evidence that is presented during depositions.

Answer 3

False

Question 4

Pretrial conferences are:

A)Formal proceedings before the court.
B)Permitted by federal and most state rules.
C)To nail down all of the last minute items before going into trial.
D)None of the above.

Question 5

Interrogatories are:

A)Written questions.
B)Document requests.
C)Medical examinations.
D)Depositions.

Question 6

Under Federal Rule of Procedure 8(a)(2),the following is required for the notice pleading:

A)A precise statement of the claim.
B)A detailed analysis of the claim.
C)A short and plain statement of the claim
D)None of the above.

Question 7

Trials consist of:

A)Jury selection.
B)Opening statements.
C)Jury instructions.
D)All of the above.

Question 8

Why did the Norgart's lose their case?

A)The plaintiff's alleged facts were proved incorrect.
B)The defense lawyer's just put on a better case.
C)They missed the cutoff for the statute of limitations.
D)None of the above.

Question 9

In Boury v.Ford Motor Company a large civil award from the jury was appealed and was consequently reversed.

Question 10

Most statute of limitations are from ten to twenty years,depending on the type of case.

Question 11

During discovery,the plaintiff alone is allowed to collect information about the case.

Question 12

Which is not a cost-benefit analysis factor?

A)The probability of winning or losing.
B)The lawyer's fees and other litigation costs.
C)The facts of the case are curious.
D)The unpredictability of the legal system.

Question 13

Under a contingency fee arrangement,the lawyer received an hourly fee for his work on the case.

Question 14

The process of bringing,maintaining,and defending a lawsuit is called mediation.

Question 15

An attorney in a civil case can represent the plaintiff on the following fee basis:

A)Hourly.
B)Project.
C)Contingency fee.
D)All of the above.

Question 16

Depositions are taken from:

A)Parties.
B)Witnesses.
C)Both of the above.
D)None of the above.

Question 17

The complaint must:

A)Name the parties to the lawsuit.
B)Allege the facts and law violated.
C)Contain a prayer for relief.
D)All of the above.

Question 18

The complaint must be served on the defendant by a sheriff.

Question 19

A motion for summary judgment asserts:

A)That the law requires only one outcome.
B)One of the parties has not presented their case well.
C)There are no factual disputes to be decided.
D)All of the above.

Question 20

So-called "e-filing" of pleadings is still something of the future.