Question 1

A(n) is a document (known as a brief in some states) that delineates the legal theories, statutes, and cases on which a motion is based.

Accepted Answer

A Memorandum of law is a document that outlines the legal theories, statutes, and cases supporting a motion, often referred to as a brief.

Question 2

A counterclaim is:

Accepted Answer

A counterclaim is when the defendant files a claim against the plaintiff, essentially a reverse lawsuit, often arising from the same incident.

Question 3

In answering a complaint, a defendant must allegations or those allegations will be deemed to be admitted.

Accepted Answer

A defendant must deny allegations in a complaint; otherwise, they are deemed admitted.

Question 4

Which of the following devices is used for discovery?

Accepted Answer

All the listed devices (interrogatories, requests for admission, and depositions) are used in the discovery process in legal proceedings.

Question 5

Which of the following is a pretrial motion?

Accepted Answer

All of these choices are correct as they are all types of pretrial motions used to resolve issues before a trial begins.

Question 6

When one party files a motion with the court, that party must also send to, or serve on, the opposing party a:

Accepted Answer

The correct answer is "Notice of motion." When a party files a motion with the court, they must serve a notice of motion to the opposing party to inform them of the motion and the hearing date.

Question 7

A memorandum of law is also known as a in some states.

Accepted Answer

A memorandum of law is often referred to as a "brief" in some states, as it presents legal arguments and precedents to support a case.

Question 8

Written questions that must be answered, in writing, by the parties to the lawsuit and then signed by the parties under oath are called:

Accepted Answer

Interrogatories are written questions that one party sends to another as part of the discovery process in a lawsuit, which must be answered in writing and under oath.

Question 9

In cases in which a complaint names multiple defendants or includes multiple plaintiffs, a claim asserted by a defendant against another defendant or by a plaintiff against another plaintiff is called a(n):

Accepted Answer

A cross-claim is a claim brought by one defendant against another defendant or by one plaintiff against another plaintiff in the same proceeding.

Question 10

The sets out the time limits within which pretrial events (such as the pleadings, the discovery, and the final pretrial conference) must be completed, as well as the date of the trial.

Accepted Answer

A scheduling order is a court order that sets the timeline for pretrial events and the trial date.

Question 11

During discovery, which of the following tasks may be assigned to a paralegal?

Accepted Answer

During discovery, paralegals may be assigned to draft interrogatories and requests to admit, but they cannot take depositions as this is a task assigned to an attorney or court reporter.

Question 12

A motion to dismiss is used during what part of a lawsuit?

Accepted Answer

A motion to dismiss is typically used in response to a complaint filed by the plaintiff, seeking to have the case dismissed for legal reasons such as lack of jurisdiction or failure to state a claim. It is not typically used during discovery, preliminary investigation, or pretrial motions.

Question 13

An interrogatory is:

Accepted Answer

An interrogatory is a written question submitted by one party to another party in a lawsuit, which must be answered in writing as part of the discovery process.

Question 14

Discovery is:

Accepted Answer

Discovery is the pre-trial phase in a lawsuit where each party can obtain evidence from the opposing party through various means like interrogatories, requests for documents, and depositions.

Question 15

Communications that ordinarily may not be disclosed in court are known as:

Accepted Answer

Privileged information refers to communications that are protected from being disclosed in court due to a special legal status, such as attorney-client privilege.

Question 16

A , filed in connection with a motion to dismiss, is a sworn statement as to certain facts that contradict allegations made in the complaint.

Accepted Answer

A supporting affidavit is a sworn statement that provides factual evidence to counter the allegations made in a complaint, often used in conjunction with a motion to dismiss.

Question 17

What document requests the court to make an order or ruling?

Accepted Answer

A motion is a written or oral request to the court to make a specific order or ruling in a case. Interrogatories are written questions asked by one party to the other as part of the discovery process. A brief is a written document submitted to a court that outlines the legal arguments in a case. A complaint is the initial document filed by a plaintiff to initiate a lawsuit.

Question 18

Discovery allows access to information that is:

Accepted Answer

Discovery allows access to information that is relevant to the case and not protected by privilege.

Question 19

What is the purpose of discovery?

Accepted Answer

All of these choices are correct. Discovery serves multiple purposes, including (A) preserving evidence, (B) assisting in out-of-court settlements, (C) preventing surprises, and (D) narrowing the issues.

Question 20

The process of obtaining information from the opposing party or from other witnesses is known as:

Accepted Answer

Discovery is the legal process by which parties obtain information and evidence from each other or from witnesses before trial.

Quiz 9: Civil Litigation: Before the Trial