Question 1

A series of written questions concerning the lawsuit sent to the opposing parties are known as:
A) depositions.
B) requests for production.
C) requests for an admission.
D) interrogatories.
E) affidavits.

Accepted Answer

Typically, the least expensive method of discovery is to present a series of written questions to the opposing parties. These questions, called interrogatories, must be answered by the party receiving them.

Question 2

Office Co. has sued Toner Co. and has already filed a complaint. A major issue of dispute is the wording of the original contract. Which discovery method should Office Co. use to get Toner Co. to present the original sales contract?
A) Deposition
B) Interrogatories
C) Extradition
D) Request for admission
E) Request for production

Accepted Answer

After answers to the interrogatories are received, either party might ask the other to produce specific documents, called request for production of documents, that are important to the lawsuit's outcome.

Question 3

What should a party file if the opposing party fails to produce relevant, requested evidence?
A) A motion to assist
B) A motion to insist
C) A motion to compel
D) A motion to controvert
E) A motion to sequester

Accepted Answer

If a party fails to produce relevant, requested evidence, the party seeking the information may file a motion to compel discovery, asking the court to order production of the material.

Question 4

In the pleadings phase, which of the following is false?
A) The defendant's response cannot contain affirmative defenses.
B) The complaint starts the lawsuit.
C) The defendant's response is called an answer.
D) The clerk of the court issues the summons to be served on the defendant.
E) The complaint contains allegations by the plaintiff and a statement or request of the relief sought.

Accepted Answer

The defendant's answer will either admit or deny each allegation of the plaintiff's complaint and may contain affirmative defenses that will defeat the plaintiff's claim.

Question 5

Maria has been sued in federal court by her former roommate, Theresa, who is a lawyer. Maria and her lawyer look at the complaint and see that it is mean-spirited and vindictive, and lacks any legitimate claims. Maria's lawyer determines that Theresa is merely bullying Maria, hoping to continue the feud that resulted in Maria moving out of their apartment. What may Maria's lawyer do to ensure that Theresa does not file this kind of vindictive case again?
A) Have Theresa arrested after the statute of limitations runs out
B) File a motion to have Theresa extradited
C) File for sanctions under Rule 11 of the Federal Rules of Civil Procedure
D) File a motion for judgment notwithstanding the verdict
E) File for judicial discipline under Rule 37 of the Federal Rules of Civil Procedure

Accepted Answer

During the past decade, courts within the federal judiciary and most state court systems have increased the frequency of assessing fines against lawyers who file frivolous cases. Rule 11 of the Federal Rules of Civil Procedure authorizes the imposition of fines for filing frivolous papers.

Question 6

Sisi, a judge, has reviewed her cases and believes that the lawsuit between Luigi and Franz completely lacks any merit. She is convinced that the suit should not continue. What may Sisi do in response?
A) File a motion for judgment on the pleadings
B) File a motion to have Luigi extradited
C) Terminate the litigation on her own motion
D) Wait until Franz files a motion to terminate the litigation
E) File a request for admission

Accepted Answer

Either on a motion by a party or on their own initiative, judges may terminate the litigation process if there is a finding that the lawsuit is frivolous, that is, totally lacking in merit.

Question 7

If bias is admitted, a juror is struck from the jury with a:
A) peremptory challenge.
B) challenge for cause.
C) motion for a directed verdict.
D) motion to compel.
E) res judicata.

Accepted Answer

Either party in the lawsuit may challenge or excuse a prospective juror for a specific reason or cause. For example, if a prospective juror is related to one of the parties or to a witness or the juror admits bias favoring one side.

Question 8

Members of a class must be given notice of the lawsuit; this notice must be given to all members of the class whose names and addresses can be found through _____.
A) res judicata
B) exceptional efforts
C) submission
D) extradition
E) reasonable efforts

Accepted Answer

Federal cases require that members of the class be given notice of the lawsuit; actual notice and not merely notice by newspaper publication is usually required. This notice must be given to all members of the class whose names and addresses can be found through reasonable efforts.

Question 9

In what type of motion does a party ask the judge to decide the case based on the complaint and affidavits showing that there are no material facts in dispute?
A) Summary judgment
B) Judgment on the pleadings
C) Judgment notwithstanding the verdict
D) General demurrer
E) Motion to compel

Accepted Answer

The party filing for summary judgment is asking the judge to base a decision not only on the pleadings but also on other evidence. Such evidence usually is presented in the form of sworn statements called affidavits. If there are no material disputed issues of fact, the judge will decide the legal issues raised by the case and enter a judgment in favor of one party over the other.

Question 10

If the defendant does not respond to the complaint as required he or she is said to be in _____.
A) complaint.
B) interrogatory.
C) discovery.
D) voir dire.
E) default.

Accepted Answer

If the defendant does not respond in any way, the court may enter an order of default and grant the plaintiff the relief sought by the complaint.

Question 11

Which of the following statements is false concerning peremptory challenges?
A) The number of peremptory challenges allowed varies from state to state.
B) The number of challenges may vary between the parties.
C) One can be used to strike a juror from the jury because he is a man.
D) No reason needs to be given to use a peremptory challenge.
E) The number may vary depending on the type of case being tried.

Accepted Answer

The plaintiff and defendant are given a certain number of challenges, known as peremptory challenges, for which no cause or reason need be given to excuse a prospective juror. The number of peremptory challenges varies from court system to court system and on the type of case being tried. The number also may vary between the parties.

Question 12

Meghan was pulled over by a policeman for speeding. Despite being cooperative, non-threatening and obviously not intoxicated by liquor or drugs, the policeman orders her out of the car and frisks her. He finds a small bag of marijuana in her pocket. This search and seizure was illegal. After she is arrested, her attorney wants the discovery of the marijuana suppressed because of the illegal search. The attorney would file a:
A) motion for a directed verdict.
B) motion for a summary judgment.
C) motion to dismiss for failure to state a cause of action.
D) motion in limine.
E) motion to sequester witnesses.

Accepted Answer

When a question of law is at issue, the parties can seek a pretrial determination of their rights by filing a motion with the court. A motion in limine is filed to exclude evidence from trial.

Question 13

Terrell is suing Chad. After he receives the answer, Terrell believes that he should win based solely on his original complaint and Chad's answer. Terrell should file a:
A) motion for a directed verdict.
B) motion to dismiss for failure to state a cause of action.
C) motion in limine.
D) motion for a summary judgment.
E) motion for a judgment on the pleadings.

Accepted Answer

The rules of procedure in the federal court system and in most of the state systems provide for motions for a judgment on the pleadings, which asks the judge to decide the case based solely on the complaint and the answer.

Question 14

When deciding on the jury panel, a party in a lawsuit can challenge a prospective juror on the basis of:
A) the prospective juror's race.
B) the prospective juror's gender.
C) the juror's lack of bias towards the case.
D) the prospective juror's ethnicity.
E) the juror's relationship to the opposing party.

Accepted Answer

Either party in the lawsuit may challenge or excuse a prospective juror for a specific reason or cause. For example, if a prospective juror is related to one of the parties or to a witness or the juror admits bias favoring one side, that person may be excused as a juror because of the specific reason.

Question 15

The judicial standard for interpreting the scope of discovery permits a party to seek information if it:
A) will lead to evidence admissible during the trial.
B) is immediately indicative of guilt or innocence.
C) is clear and convincing evidence of negligence.
D) is important enough to the requesting party that they will file a request.
E) is protected by lawyer-client confidentiality.

Accepted Answer

The usual rule is that as long as the information sought in discovery will lead to evidence admissible during the trial, the information is discoverable and an objection is overruled.

Question 16

A lawsuit that is totally lacking in merit is referred to as _____.
A) deposed
B) peremptory
C) res judicata
D) cognizable
E) frivolous

Accepted Answer

Either on a motion by a party or on their own initiative, judges may terminate the litigation process if there is a finding that the lawsuit is frivolous, that is, totally lacking in merit.

Question 17

In J.E.B. v. Alabama, the Court declared that the use of peremptory challenges by prosecutors in criminal cases to excluded jurors on the basis of _____ violated the equal protection clause.
A) gender
B) religious preference
C) race
D) national origin
E) sophistication

Accepted Answer

The Supreme Court banned gender discrimination in jury selection in the case of J.E.B. v. Alabama Ex Rel. T.B.

Question 18

In a trial, the _____ is the opportunity for the lawyers to give the jury the overall picture of the case and inform the jury of the facts they expect to prove and of the witnesses they expect to call.
A) deposition
B) opening statement
C) verdict
D) summation
E) interrogary

Accepted Answer

After selecting jurors to hear the case, the attorneys make their opening statements. An opening statement is not evidence; it familiarizes the jury with the essential facts that each side expects to prove.

Question 19

In Batson v. Kentucky, the Court specifically declared that the use of peremptory challenges by prosecutors in criminal cases to excluded jurors on the basis of _____ violated the equal protection clause.
A) gender.
B) religious preference.
C) race.
D) national origin.
E) intelligence.

Accepted Answer

On the basis of a series of U.S. Supreme Court decisions, beginning with Batson v. Kentucky, 476 U.S. 79 (1986), outlawing racial discrimination in jury selection, the jury has become increasingly more representative of the racial diversity in the United States.

Question 20

After the complaint is filed, the first thing the defendant must file is the:
A) writ.
B) notice of appeal.
C) request for discovery.
D) answer.
E) deposition.

Accepted Answer

The defendant's answer will either admit or deny each allegation of the plaintiff's complaint and may contain affirmative defenses that will defeat the plaintiff's claim.

Quiz 4: Litigation

A series of written questions concerning the lawsuit sent to the opposing parties are known as:

Office Co. has sued Toner Co. and has already filed a complaint. A major issue of dispute is the wording of the original contract. Which discovery method should Office Co. use to get Toner Co. to present the original sales contract?

What should a party file if the opposing party fails to produce relevant, requested evidence?

In the pleadings phase, which of the following is false?

Sisi, a judge, has reviewed her cases and believes that the lawsuit between Luigi and Franz completely lacks any merit. She is convinced that the suit should not continue. What may Sisi do in response?

If bias is admitted, a juror is struck from the jury with a:

Members of a class must be given notice of the lawsuit; this notice must be given to all members of the class whose names and addresses can be found through _____.

In what type of motion does a party ask the judge to decide the case based on the complaint and affidavits showing that there are no material facts in dispute?

If the defendant does not respond to the complaint as required he or she is said to be in _____.

Which of the following statements is false concerning peremptory challenges?

Terrell is suing Chad. After he receives the answer, Terrell believes that he should win based solely on his original complaint and Chad's answer. Terrell should file a:

When deciding on the jury panel, a party in a lawsuit can challenge a prospective juror on the basis of:

The judicial standard for interpreting the scope of discovery permits a party to seek information if it:

A lawsuit that is totally lacking in merit is referred to as _____.

In J.E.B. v. Alabama, the Court declared that the use of peremptory challenges by prosecutors in criminal cases to excluded jurors on the basis of _____ violated the equal protection clause.

In a trial, the _____ is the opportunity for the lawyers to give the jury the overall picture of the case and inform the jury of the facts they expect to prove and of the witnesses they expect to call.

In Batson v. Kentucky, the Court specifically declared that the use of peremptory challenges by prosecutors in criminal cases to excluded jurors on the basis of _____ violated the equal protection clause.

After the complaint is filed, the first thing the defendant must file is the: