Question 1

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

Accepted Answer

A motion is a request made to the court to issue an order or ruling. Interrogatories are written questions posed to the opposing party in a lawsuit, a brief is a written legal argument submitted to the court, and a complaint initiates a lawsuit by setting forth the plaintiff's claims against the defendant.

Question 2

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

Accepted Answer

A memorandum of law is often referred to as a brief in some states. It is a written legal document submitted to a court or judge, typically outlining the facts, legal issues, and arguments in support or opposition to a particular case or motion. An affidavit is a sworn statement of fact, a summons is a legal notice informing someone that a lawsuit has been filed against them, and a motion is a request made to a court for a specific ruling or action.

Question 3

The process of obtaining information from the opposing party or from other witnesses is known as which of the following?

Accepted Answer

Discovery refers to the legal process of obtaining information from the opposing party or other witnesses prior to trial. Summoning refers to the act of ordering someone to appear in court or before a legal authority. Deposition is a type of discovery where a witness is questioned under oath by an attorney outside of court. Pretrial finding is not a commonly used legal term.

Question 4

A claim made by a defendant in a civil lawsuit against the plaintiff-in effect, a reverse lawsuit-is called a(n)

Accepted Answer

A claim made by a defendant in a civil lawsuit against the plaintiff is called a counterclaim.

Question 5

A counterclaim is

Accepted Answer

A counterclaim is essentially a reverse lawsuit within the original lawsuit, where the defendant brings a claim against the plaintiff for some harm or loss they have suffered related to the same set of facts or circumstances.

Question 6

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 sets out the time limits for pretrial events and the trial date. Final order usually refers to a ruling or decision by the court at the end of a case. Court order is a general term that can refer to any type of order issued by a court. Docket refers to a list of cases to be heard by a court on a particular day or over a period of time.

Question 7

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

Accepted Answer

A motion to dismiss is typically used as a response to a complaint, seeking to have the case dismissed before it goes to trial. It may be filed by the defendant or defendants in the case, and is based on a variety of legal arguments, such as lack of jurisdiction, failure to state a claim, or improper service of process. It is generally considered a pretrial motion, as it seeks to resolve the case before it proceeds further in the legal process. While it may be filed during other stages of the lawsuit, such as discovery or preliminary investigation, its main purpose is to address the initial legal claims made in the complaint.

Question 8

A defendant may assert, in the answer, a reason why he or she should not be held liable for the plaintiff's injuries even if the facts, as alleged by the plaintiff, are true. This is called raising a(n)

Accepted Answer

This scenario describes the concept of an affirmative defense, where the defendant admits to the facts alleged by the plaintiff but argues that there is a legal reason why they should not be held liable for the injuries.

Question 9

If the defendant includes affirmative defenses in his or her answer, the plaintiff is required to

Accepted Answer

The answer of If the defendant includes affirmative defenses in...

Question 10

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 sets out the legal arguments and authorities supporting a motion or other legal pleading. It is used to outline the legal issues at stake, analyze the relevant law, and persuade the court to rule in the party's favor. It is often filed in support of a motion such as a motion to dismiss or a motion for summary judgment.

Question 11

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 evidence that contradicts the allegations made in the complaint. This affidavit is filed in connection with a motion to dismiss, which is a request to the court to dismiss the case based on certain legal grounds. The memorandum is a written argument submitted by one of the parties in support of their motion or response, and the response is a written answer to the motion filed by the other party.

Question 12

The defendant's response to a complaint is called an

Accepted Answer

The defendant's response to a complaint is called an answer. Affirmative defenses and interrogatories are separate legal documents and procedures.

Question 13

When one party files a motion with the court, that party must also send to, or serve on, the opposing party which of the following?

Accepted Answer

When a party files a motion with the court, they must give notice of the motion to the opposing party. This notice is typically referred to as a "Notice of Motion." Therefore, choice (A) is the best answer. Choices (B), (C), and (D) are not required to be served on the opposing party when filing a motion.

Question 14

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 claim asserted by a defendant against another defendant or by a plaintiff against another plaintiff is called a cross-claim. This is different from a counterclaim, which is a claim asserted by a defendant against a plaintiff. The other options, opposition and answer, do not refer to claims made between defendants or plaintiffs in a lawsuit.

Question 15

Jennifer receives a complaint from Jonathan. She does not respond for twenty days. Jonathan can now

Accepted Answer

After twenty days without response, Jonathan can ask the court to enter a default judgement. This means that he can ask the court to automatically rule in his favor since Jennifer did not respond within the given timeframe.

Question 16

Pretrial motions include which of the following?

Accepted Answer

All three options (motion for judgment on the pleadings, motion for summary judgment, and motion to dismiss) are types of pretrial motions that can be filed in a civil case.

Question 17

An affirmative defense is when a defendant

Accepted Answer

An affirmative defense is a legal defense in which the defendant admits to committing the act as alleged by the plaintiff but offers a reason why they should not be held liable. These defenses must be asserted in the defendant's answer to the plaintiff's complaint. Therefore, the correct choice is A.

Question 18

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 considered admitted by default.

Question 19

Devices used for discovery include which of the following?

Accepted Answer

All of the devices listed (interrogatories, requests for admission, and depositions) can be used for discovery.

Question 20

Discovery is

Accepted Answer

Discovery is the phase in a lawsuit where the parties involved exchange information, documents, and other evidence related to the case. This process allows both sides to prepare for trial by understanding the evidence and arguments the other side may present.

Quiz 10: Civil Litigation:before the Trial