Question 1

Which of the following statements is true of deposition?
A) A deposition has to be a written statement.
B) A witness' deposition is voluntary and not pursuant to a court order.
C) A deposition can only be given after the trial.
D) A deponent is given a chance to correct his or her deposition.

Accepted Answer

Depositions can be given orally or in writing. A witness' deposition is often pursuant to a court order, rather than voluntary. A deposition typically takes place before a trial. A deponent is given the opportunity to review and correct the deposition record. Therefore, the correct statement is that a deponent is given a chance to correct his or her deposition.

Question 2

Which of the following is a function of discovery?
A) certifying a class action
B) preserving evidence
C) adjudicating a dispute
D) prosecuting a violation

Accepted Answer

Preserving evidence is a key function of discovery. This includes obtaining relevant documents and testimony, as well as preventing the destruction of evidence. The other choices (certifying a class action, adjudicating a dispute, prosecuting a violation) are functions that occur after discovery has taken place.

Question 3

Once a complaint has been filed with the court,the court will issue a ________,directing the defendant to appear in court.
A) answer
B) rejoinder
C) summons
D) judicial restraint

Accepted Answer

When a complaint is filed with the court, the court will issue a summons. This legal document directs the defendant to appear in court and respond to the allegations made against them in the complaint. The defendant must either appear in court or face consequences, such as a default judgment being entered against them. A summons is an important part of the legal process and is necessary to ensure that all parties have an opportunity to be heard in court.

Question 4

The act of other interested parties joining as parties to an existing lawsuit is termed as ________.
A) intervention
B) consolidation
C) class action
D) arbitration

Accepted Answer

The act of other interested parties joining as parties to an existing lawsuit is called intervention. Consolidation refers to the combining of two or more lawsuits into one. Class action is a lawsuit where a group of people with similar grievances against a defendant sue together. Arbitration is a legal process where a neutral third party resolves a dispute between two parties outside of court.

Question 5

Which of the following statements is true about an answer?
A) The plaintiff cannot claim damages once a default judgment is entered against the defendant.
B) A default judgment establishes the plaintiff's liability.
C) A defendant's answer can assert affirmative defenses.
D) The defendant's answer is never revealed to the plaintiff.

Accepted Answer

A defendant's answer can assert affirmative defenses. Option A is false because the plaintiff can claim damages after a default judgment, but it may be more difficult to receive them. Option B is also false because a default judgment establishes the defendant's liability. Option D is false because the defendant's answer is revealed to the plaintiff.

Question 6

The act of a court to combine two or more separate lawsuits into one lawsuit is termed as ________.
A) intervention
B) consolidation
C) class action
D) arbitration

Accepted Answer

The act of combining two or more separate lawsuits into one lawsuit is called consolidation. This is done when the separate cases involve common questions of law or fact, and consolidating them will promote judicial efficiency and avoid inconsistent rulings. The other options, intervention, class action, and arbitration, do not describe the act of combining separate lawsuits. Intervention refers to someone who is not a party to a lawsuit coming in and joining the case. Class action is a type of lawsuit where a group of individuals sue a defendant together. Arbitration is an alternative to litigation where parties agree to use a neutral third party to resolve disputes outside of court.

Question 7

________ refer to written questions submitted by one party to a lawsuit to another party.
A) Depositions
B) Rejoinders
C) Interrogatories
D) Summons

Accepted Answer

Interrogatories refer to written questions submitted by one party to a lawsuit to another party. Depositions are oral testimony taken under oath outside of court, while rejoinders and summons are not related to written questions in a lawsuit.

Question 8

In which of the following cases is a default judgment entered?
A) when a defendant admits all the allegations in the complaint
B) when there is insufficient evidence to resolve the dispute
C) when the court believes that the lawsuit can be settled before/without trial
D) when a defendant does not file a written response to a plaintiff's complaint

Accepted Answer

A default judgment is entered when a defendant does not file a written response to a plaintiff's complaint within the time prescribed by law. In such cases, the court may enter a judgment in favor of the plaintiff without further notice or hearing.

Question 9

Which of the following can be filed by the defendant of a lawsuit?
A) complaint
B) answer
C) reply
D) injunction

Accepted Answer

The defendant can file an answer in response to the plaintiff's complaint. A complaint is filed by the plaintiff, not the defendant. A reply is a response to the defendant's answer, and an injunction is a court order that may be requested by either party but not considered a filing.

Question 10

The state of Idaho has a two-year statute of limitations for personal injury actions.Graham was injured by Alice in a car accident on January 1,2011.If Graham wants to bring a lawsuit against Alice on January 15,2013,which of the following is most likely to be the outcome?
A) Graham is allowed to sue Alice after appealing for an extension of the statute of limitations.
B) Graham is not allowed to sue Alice, having lost his right to sue her.
C) Graham can sue Alice but will not receive damages.
D) Graham can sue Alice but is not entitled to a jury trial.

Accepted Answer

Idaho has a two-year statute of limitations for personal injury actions, which means that Graham had until January 1, 2013, to bring a lawsuit against Alice. Since he waited until January 15, 2013, he has lost his right to sue her and is not allowed to bring a lawsuit. Option A is incorrect because the statute of limitations cannot be extended beyond the two-year period. Option C is also incorrect because if Graham is not allowed to bring a lawsuit, he cannot receive damages. Option D is irrelevant as the question does not mention anything about a jury trial.

Question 11

Which of the following terms denotes the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff?
A) summons
B) answer
C) rejoinder
D) rebuttal

Accepted Answer

An answer is the defendant's written response to a plaintiff's complaint filed with the court and served on the plaintiff. A summons is a document issued by the court that notifies a defendant of a lawsuit and requires them to appear in court. A rejoinder is a reply to a defendant's answer or the plaintiff's response to the defendant's counterclaim. A rebuttal is a response to opposing arguments or evidence presented in court.

Question 12

Which of the following statements is true about the pretrial litigation process?
A) To initiate a lawsuit, the plaintiff must file an appeal in the proper court.
B) If the plaintiff does not answer a complaint, a default judgment is entered against him or her.
C) A plaintiff files a cross-complaint against the defendant to seek damages.
D) A default judgment establishes the defendant's liability.

Accepted Answer

A default judgment is entered against a defendant when they fail to respond to a complaint, effectively establishing the defendant's liability for the claims made in the complaint.

Question 13

The statute of limitations establishes the period within which ________.
A) a plaintiff must bring a lawsuit against a defendant
B) a defendant must file a written answer against a plaintiff's complaint
C) a defendant can file a cross-complaint against the plaintiff
D) a motion for judgment on the pleadings can be made by either party

Accepted Answer

The statute of limitations establishes the time frame in which a plaintiff must bring a lawsuit against a defendant. After that time frame, the plaintiff cannot sue the defendant.

Question 14

________ refers to the document a plaintiff files with the court that serves on the defendant to initiate a lawsuit.
A) Complaint
B) Order
C) Appeal
D) Rejoinder

Accepted Answer

A complaint is the document a plaintiff files with the court to initiate a lawsuit and serves on the defendant. It lays out the plaintiff's legal and factual assertions against the defendant and the relief sought.

Question 15

In which of the following cases does a class action occur?
A) when there are no factual disputes to be decided by the jury
B) when the defendant has multiple grounds for appeal
C) when a group of plaintiffs collectively bring a lawsuit against a defendant
D) when the plaintiff does not reply to the defender's cross-complaint

Accepted Answer

A class action occurs when a group of plaintiffs collectively bring a lawsuit against a defendant. This is not related to factual disputes or grounds for appeal, nor is it related to the plaintiff's response to the defendant's cross-complaint. Therefore, option C is the correct answer.

Question 16

A(n)________ is a document filed by the original plaintiff to answer the defendant's cross-complaint.
A) rejoinder
B) answer
C) reply
D) plea

Accepted Answer

A reply is the correct term for a document filed by the original plaintiff to answer the defendant's cross-complaint. This is part of the pleadings in a lawsuit.

Question 17

A defendant who believes that he or she has been injured by the plaintiff can file a(n)________ against the plaintiff.
A) injunction
B) cross-complaint
C) rejoinder
D) rebuttal

Accepted Answer

A defendant who believes they have been injured by the plaintiff can file a cross-complaint against the plaintiff. This is a counterclaim that the defendant asserts against the plaintiff. An injunction is a court order directing a party to do or refrain from doing a specific act. A rejoinder is a defendant's answer to a plaintiff's replication or reply. A rebuttal is an argument or evidence presented to contradict or disprove evidence presented by the other side.

Question 18

The term ________ refers to the oral testimony given by a party or witness prior to trial.
A) class action
B) deposition
C) accommodation
D) intervention

Accepted Answer

A deposition is a pretrial oral testimony given by a party or witness under oath and recorded by a court reporter. Class action refers to a lawsuit filed by a group of people who have suffered similar harm, intervention refers to when a non-party enters a lawsuit, and accommodation refers to the act of adapting or adjusting to a situation or request.

Question 19

In a litigation process,the party who files a complaint is called the ________.
A) bailiff
B) plaintiff
C) prosecutor
D) defendant

Accepted Answer

The plaintiff is the party who initiates a civil lawsuit by filing a complaint or petition with the court. The complaint outlines the plaintiff's case against the defendant and states the legal basis for the lawsuit.

Question 20

Which of the following statements is true about class actions?
A) A class will not be certified if there is not sufficient commonality among the plaintiffs' claims.
B) A class can be certified if the legal and factual claims of all of the parties are different.
C) A class can only be certified by a federal court.
D) A class, once certified, cannot be published to its class members.

Accepted Answer

In order for a class to be certified, there must be sufficient commonality among the plaintiffs' claims. Otherwise, it would not meet the requirements for class certification.

Option B is incorrect as a class cannot be certified if legal and factual claims of all the parties are different.

Option C is incorrect as class certification can be done by state courts also.

Option D is incorrect as the whole purpose of class action is to represent the class members in a lawsuit. The class members must be notified when a class is certified.

Quiz 4: Judicial Alternative Administrative and E-Dispute Resolution

Which of the following statements is true of deposition?

Which of the following is a function of discovery?

Once a complaint has been filed with the court,the court will issue a ________,directing the defendant to appear in court.

The act of other interested parties joining as parties to an existing lawsuit is termed as ________.

Which of the following statements is true about an answer?

The act of a court to combine two or more separate lawsuits into one lawsuit is termed as ________.

________ refer to written questions submitted by one party to a lawsuit to another party.

In which of the following cases is a default judgment entered?

Which of the following can be filed by the defendant of a lawsuit?

The state of Idaho has a two-year statute of limitations for personal injury actions.Graham was injured by Alice in a car accident on January 1,2011.If Graham wants to bring a lawsuit against Alice on January 15,2013,which of the following is most likely to be the outcome?

Which of the following terms denotes the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff?

Which of the following statements is true about the pretrial litigation process?

The statute of limitations establishes the period within which ________.

________ refers to the document a plaintiff files with the court that serves on the defendant to initiate a lawsuit.

In which of the following cases does a class action occur?

A(n) ________ is a document filed by the original plaintiff to answer the defendant's cross-complaint.

A defendant who believes that he or she has been injured by the plaintiff can file a(n) ________ against the plaintiff.

The term ________ refers to the oral testimony given by a party or witness prior to trial.

In a litigation process,the party who files a complaint is called the ________.

Which of the following statements is true about class actions?